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HomeMy WebLinkAboutResolution - 2014-R0259 - Contract - HDR Engineering Inc.- Aquifer Storage And Recovery Systems - 08/14/2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 01" LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock. a Professional Services Contract ("Contract"), by and between the City of Lubbock and HDR Engineering, Inc., for professional services related to the feasibility of aquifer storage and recovery systems, and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if Fuliv set forth herein and shall be included in the minutes of the Council. Executed by the City Council this 14th ATTEST: eb cca AGarza, C itygecreta rU APPROVED AS TO CA)NTENT: day of August 2014. APPROVED AS`TO ,FMM: Richard K. Casner, Natural Reib-arces and Utility Attorney rc: Res. Pro I'Cont. I IDR Engi necring I tic. 7.15.14 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract (the "Contract" or "Agreement"), effective as of the _ _ day of August, 2014 (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas home rule municipal corporation, and HDR Engineering, Inc. ("ENGINEER"), a Nebraska corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the City desires to obtain professional engineering services related to planning, evaluating, permitting, designing, and construction management of aquifer storage and recovery systems (the "Activities" or "Project"); and WHEREAS, ENGINEER has a professional staff experienced in, and is qualified to provide, professional engineering services related to the Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by City and ENGINEER to be a fair and reasonable price; and WHEREAS, the City desires to contract with ENGINEER to provide professional engineering 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 Contract, the City and ENGINEER hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 270 days, as set forth in Exhibit "A", attached to and made a part of this Agreement for all purposes. 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 discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of Aquifer Storage & Recovery Evaluation Page 1 of 19 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. ENGINEER shall conduct all activities and within such timeframes as set forth on Exhibit "A", attached hereto (the "Services"). B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth in Exhibit "B", for a lump sum price of One hundred ninety-nine thousand five hundred dollars ($199,500). ARTICLE III. TERMINATION A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to ENGINEER. In the event this Agreement is so terminated, the City shall only pay ENGINEER for services actually performed by ENGINEER up to the date ENGINEER is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event ENGINEER materially breaches any term and/or provision of this Contract and fails to cure within 10 days after notice of same, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law, equity, or otherwise, including without limitation, termination of this Contract 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 all 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 Contract, this provision shall control. Aquifer Storage & Recovery Evaluation Page 2 of 19 ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. ENGINEER is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. ENGINEER has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is enforceable in accordance with the terns hereof. D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including without limitation, the applicable laws, regarding the Activities contemplated hereby. E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services in Texas, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for use by City pursuant to this Contract 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. ENGINEER shall be solely responsible for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this requirement and 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 ENGINEER's failure to perform this duty. Aquifer Storage & Recovery Evaluation Page 3 of 19 ARTICLE VI. SCOPE OF SERVICES ENGINEER shall accomplish the following: Professional Engineering Services related to the Project, as defined and provided in Exhibit "A," "Scope of Services". ARTICLE VII. INDEPENDENT CONTRACTOR STATUS ENGINEER and City agree that ENGINEER shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. ENGINEER has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Services under this Agreement, Engineer and Engineer's employees and/or subconsultants, 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 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 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. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of 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. All policies will be written on per occurrence basis except Professional Liability, subject to the following minimum limits of liability: Aquifer Storage & Recovery Evaluation Page 4 of 19 Commercial General Liability: Per Occurrence Single Limit: General Aggregate Limit: Professional Liability: Per Claim: Automobile Liability: Combined Single Limit for any auto: $1,000,000 $2,000,000 $1,000,000 $1,000,000 Per Occurrence Engineer shall further cause any approved subcontractor or subconsultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for Engineer, protecting City against direct losses caused by the professional negligence of the approved subcontractor or subconsultant. 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. 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 will be included in the Certificate. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, 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, Engineer fails to maintain the required insurance in full force and effect, 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 Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Contract and the discovery period (possibly through tail coverage) shall be no less than ten (10) years after the completion of work specified in the Aquifer Storage & Recovery Evaluation Page 5 of 19 Contract. The provisions of this Article VIII shall survive the tennination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS ENGINEER may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Subconsultant"), to perform certain duties of ENGINEER, as set forth on Exhibit "A", attached hereto, under this Contract, provided that City approves the retaining of Subconsultants. The City hereby approves the retention of the "HDR Team" as described in Exhibit "A," attached hereto. ENGINEER is at all times responsible to City to perform the Services as provided in this Agreement and ENGINEER is in no event relieved of any obligation under this Contract upon retainage of any approved Subconsultant. Any agent and/or Subconsultant retained and/or employed by ENGINEER shall be required by ENGINEER to carry, for the protection and benefit of the City and ENGINEER and naming said third parties as additional insureds, insurance as described above in this Contract. 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 ENGINEER shall retain all information received from or concerning the City and the City's business in confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. It is hereby agreed that the following information is not considered to be confidential under this Agreement: a) Information already in the public domain; b) Information disclosed to ENGINEER by a third party who is not under a confidentiality obligation; C) Information developed by or in the custody of ENGINEER related to work with clients before entering into this Agreement; and d) Information developed by ENGINEER through its work with other clients Aquifer Storage & Recovery Evaluation Page 6 of 19 ARTICLE XI. INDEMNITY 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 ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT 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 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 Contract, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from ENGINEER to City or City to ENGINEER is required or permitted by this Contract 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. Aquifer Storage & Recovery Evaluation Page 7 of 19 are: B. ENGINEER's Address. ENGINEER's address and numbers for the purposes of notice HDR Engineering, Inc. Attn: David D. Dunn, P.E. 4401 West Gate Blvd., Suite 400 Austin, Texas 78745 Telephone: (512) 912-5136 Facsimile: (512) 912-5158 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Aubrey A. Spears, P.E. P. O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-2585 Facsimile: (806) 775-3027 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 Contract, 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 City shall furnish ENGINEER non -confidential studies, reports and other available data in the possession of the City pertinent to ENGINEER's Servicei, so long as City is entitled to rely on such studies, reports and other data for the performance of ENGINEER's Services under this Contract (the "Provided Data"). ENGINEER shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. Aquifer Storage & Recovery Evaluation Page 8 of 19 ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. ENGINEER shall provide access to its books and records for time -based and reimbursable expenses to the City. The City may audit, at its expense and during normal business hours, ENGINEER's books and records with respect to this Contract between ENGINEER and City. C. Records. ENGINEER shall maintain records that are necessary to substantiate the services provided by ENGINEER. D. Assignability. Neither party may assign this Contract without the prior written approval of the other party. E. Successor and Assigns. This Contract binds and inures to the benefit of the City and ENGINEER, their permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT 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 CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract 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. Aquifer Storage & Recovery Evaluation Page 9 of 19 H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by ENGINEER and City. I. Entire Agreement. This Contract, including Exhibits "A" and `B," attached hereto, contains the entire agreement between the City and ENGINEER, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between 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, with the exception of those standard details and specifications regularly used by the ENGINEER in its normal course of business, shall become the property of the City when 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. Any reuse or modification of such Documents for purposes other than those intended by ENGINEER herein shall be at City's sole risk and without liability to the ENGINEER. L. Notice of Waiver. A waiver by either City or 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 City and ENGINEER. N. Non- Appropriation. All funds for payment by the City under this Contract 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 this Contract, the City will terminate this Contract, 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 goods or services covered by this Contract is spent, whichever event occurs first (the "Non - Aquifer Storage & Recovery Evaluation Page 10 of 19 Appropriation Date"). If at any time funds are not appropriated for the continuance of this Contract, 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 Contract beyond the Non -Appropriation Date. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Glen Mobertson, Mayor ATTEST: Reb cca Garza, City Secret APPROVED AS TO CONTENT: 21 Aubrey A. Ser, P.E., Director of Water Utilities APPROVED AS TO FORM: Richard Casner, Assistant City Attorney Aquifer Storage & Recovery Evaluation Page I 1 of 19 HDR Engineering, Inc. ell J atz, Sep or�x a President Aquifer Storage & Recovery Evaluation Page 12 of 19 EXHIBIT A AQUIFER STORAGE & RECOVERY EVALUATION SCOPE OF WORK The HDR Team will perform the professional engineering services described in this Scope of Work. The HDR Team includes: • HDR Engineering, Inc (HDR); • ARCADIS-US, Inc; • INTERA, Inc; and • ASR Systems, LLC. Services include the evaluation of the feasibility of an aquifer storage and recovery (ASR) system for the City of Lubbock (City). Background The HDR Team will provide a preliminary feasibility -level evaluation of an aquifer storage and recovery (ASR) project to provide more information regarding this option for a future update of the City's Strategic Water Supply Plan. This assessment will expand on the two potential ASR strategies that were included in the 2013 Strategic Water Supply Plan. This project will allow the City to perform due diligence and necessary planning to further evaluate the feasibility for ASR to supplement the City's existing and future water supplies. Organization of Scope of Work Under this Scope of Work, the HDR Team will perform two primary tasks to evaluate the conceptual feasibility of one or more ASR systems for the City. An optional third task is presented for consideration. These tasks include: Task 1: Review the City's current Strategic Water Supply Plan, generally characterize the hydrogeologic features of potential storage locations within the Ogallala, Trinity, and/or Dockum Aquifers, and groundwater pumping in the vicinity of Lubbock; and assess the potential permitting, institutional and regulatory issues of an ASR system. Task 2: Identify and screen candidate ASR options, complete preliminary feasibility level studies for the most potentially favorable projects, and select up to three of the most promising ASR projects for further feasibility analyses. Task 3 (future — not included in this scope of work): Prepare feasibility level operational plans, engineering, and cost evaluations of up to three of the most promising ASR projects. Aquifer Storage & Recovery Evaluation Page 13 of 19 Task 1. Review of System and Hydrogeologic Study Specific subtasks associated with this effort are as follows. Task 1.1 Review of City's Current Strategic Water Supply Plan The HDR Team will review the City's current Strategic Water Supply Plan and identify the strategies most relevant to the ASR evaluation, including reclaimed water supplies. During this review, HDR Team anticipates formulating new ASR concepts and developing variations to those conceptual -level projects included in the City's Strategic Water Supply Plan. The City's water sources and facilities for transporting, treating and delivering treated water to customers will be reviewed and assessed for potential application to ASR projects. The HDR Team has an understanding of the City's water sources and will hold discussions with City staff to verify any changes or future plans of the City and to further understand the facilities that move raw water to the City's treatment facilities and then to the distribution system. The HDR Team will compile and summarize source water and water delivery data for the past several years into statistical summaries of monthly and peak flow rates and the effects of dry and wet years on the City. In addition, the HDR Team will compile and summarize existing water chemistry data for raw and treated water. These data will be used for a preliminary evaluation of the water compatibility within the target ASR aquifers and the City's distribution system. Task 1.2 Characterization of the Hydrogeologic Features of the Ogallala Aquifer and Groundwater Pumping in the Vicinity of Lubbock A member of the HDR Team is currently developing an update to the Southern High Plains GAM and will take the lead in characterizing the aquifer properties, aquifer conditions and groundwater pumping in the vicinity of Lubbock. The HDR Team will also utilize groundwater data in the vicinity of Yellow House Canyon that was made available to HDR in the recently completed hydrogeologic evaluation centered on the area around the proposed Lake 7. The HDR Team will compile data on aquifer water chemistry and geochemistry in potential ASR storage areas within the Ogallala, Trinity, and/or Dockum Aquifers in the Lubbock area. Task 1.3 Assessment of Regulatory, Permitting and Institutional Issues The HDR Team will identify and assess potential permitting, institutional and regulatory considerations related to ASR projects, with specific emphasis given to the High Plains Underground Water Conservation District and TCEQ. In addition, the team will address and discuss the potential of nearby landowners capturing and using ASR water stored by the City. Aquifer Storage & Recovery Evaluation Page 14 of 19 Task 2. Selection of Potential ASR Protects Guided by the results from Task 1, the HDR Team will complete a screening of potential ASR projects. Task 2.1 Screening and Selection of Candidate ASR Projects The selection process will include an ASR workshop of the HDR Team and City staff (Workshop). The Workshop consists of a presentation by the HDR Team on ASR concepts and successful designs, and a discussion of the City's interests, objectives and concepts. The HDR Team will engage in an interactive, collaborative process to formulate conceptual ASR projects and potential storage locations that may be worthy of consideration for further study and review. Building on information from Task 1 and the Workshop, the HDR Team will formulate up tol0 conceptual ASR projects. The selection of these projects will be based on considerations such as diversity of water sources, utilization of existing water treatment and distribution facilities, and other issues such as potential interference with existing well owners. A rating matrix comparing attributes for each of the potential ASR projects will be developed. For each attribute in the matrix, a numerical rating (such as, 0 to 10) will be assigned by Team members using professional judgment (qualitative) as to the favorability of the project related to the given attribute, weighted (if deemed necessary), and summarized. This list of potential projects and ratings will be presented to the City for its review. A conference call or webinar by the HDR Team and City staff will be scheduled to discuss the ranking of the list of potential ASR projects. The result is expected to be the selection of up to three projects for a reconnaissance level review. Task 2.2 Reconnaissance Level Review of the Potentially Favorable Projects For each of the prioritized ASR projects, the HDR Team will prepare a more detailed assessment based on factors, such as: a) The availability and constraints (daily, monthly, and annual) on water supplies; b) Aquifer suitability for injection and recovery, potential injection and recovery rates, magnitude of storage, potential migration of stored water, and potential geochemical reactions between the aquifer materials and injected water, and between native groundwater and injected water; c) Potential interference from local pumping; d) Proximity to City's existing and currently -proposed water infrastructure; e) Utilization of existing water treatment facilities and infrastructure; f) Pre- and post -water treatment requirements for stored water, if needed; g) Permitting and regulatory considerations; and Aquifer Storage & Recovery Evaluation Page 15 of 19 h) Operational flexibility for either long-term water banking or seasonal (storage in winter and spring with recovery during summer) storage. In this reconnaissance level review (Task 2.2), no conceptual designs or cost estimates will be prepared. Task 2.3 Expand Rating Analysis of Three of the Most Promising ASR Projects The HDR Team will expand the matrix rating system used earlier to select the ASR projects for further evaluation. A conceptual layout and planning -level cost estimate will be developed for each of these ASR projects using the Texas Water Development Board costing methodology used in the regional water planning process. Review and input from City officials will be sought in the early stages. As directed by the City, the HDR Team will summarize and format the findings as needed to assist the City in updating the City's Strategic Water Supply Plan. Task 2.4 Preparation of Project Report A project report will be prepared and will include: • Background information compiled from the review tasks; • Selection and feasibility -level evaluation of potential ASR projects; and • Recommendations for future feasibility assessment of the most promising projects. An electronic (PDF) draft of the report will be presented to the City for review. The HDR team will respond to the comments and suggestions and prepare a final report within three weeks of receiving the City's comments. The final report will be delivered in electronic (PDF) format with five (5) hard copies. Task 2.5 Presentation of Findings to the LWAC The final results of the preliminary feasibility ASR assessment will be presented to the Lubbock Water Advisory Commission (LWAC), when requested by the City. A PowerPoint presentation of the findings and conclusions of the work effort will be prepared. This presentation will be reviewed with City staff prior to presentation to the LWAC. This scope of work anticipates that two members of the HDR Team will attend the presentation in Lubbock and be available to answer questions. Deliverables include a PowerPoint presentation and associated boards and visual aids, including handout packages for the LWAC. Aquifer Storage & Recovery Evaluation Page 16 of 19 Task 3 (future — not included in this scone of work) Detailed Evaluation of the Most Promising ASR Proiects 1.1. Task 3.1 Development of Up to Three Optimized ASR Projects The ASR projects described in Task 2.3 are considered to be preliminarily feasible. If the City wishes to evaluate the feasibility of one or more of these projects in more detail, the next level of evaluation is to assess the feasibility of the projects with regard to: a) Operation of seasonal water banking and long-term storage; b) Water treatment; c) Integration and optimizing with the City's existing and currently -planned infrastructure; d) Detailed evaluation of potential interference with or by existing wells; e) Conceptual design of the selected projects; and fl Cost (capital and O&M). As with the subtasks above, this optimizing effort requires adapting and applying existing water models for water transmission, water treatment, ASR well field operations, and well interference among ASR wells and with neighboring wells. It is expected that each of the projects would be documented separately as a stand-alone project. Comparisons between the projects would be made in a summary chapter. If this step is requested by the City, then the groundwork will have been laid in Phase 2. Given the unknowns regarding the projects that would be selected for a detailed evaluation, no fee estimate can be developed for this task until more is known about the specific projects and the data and analyses required for the detailed evaluation. Task 3 is not included in this scope of work. Schedule for Proiect Deliverables The following schedule for project deliverables assumes that notice to proceed is obtained in writing from the City of Lubbock on or before August 15, 2014. If notice to proceed is obtained later, the schedule for deliverables will be adjusted accordingly. Aquifer Storage & Recovery Evaluation Page 17 of 19 Deliverable Description Date Deliverable 1.1 Memorandum summarizing findings of Task 1 November 17, 2014 December 2014 Deliverable 2.1 Workshop in Lubbock (contingent on City staff schedules) Memorandum listing potential projects, presenting Deliverable 2.2 screening matrix, and presenting initial ranking of January 19, 2015 projects Deliverable 2.3 Conference call to discuss final ranking and selection of January 26, 2015 3 candidate projects for reconnaissance level review Deliverable 2.4 Draft Report April 15, 2015 3 weeks following Deliverable 2.5 Final Report receipt of comments from City May 2014 (contingent Deliverable 2.6 Presentation to Lubbock Water Advisory Commission on when Commission meets) Aquifer Storage & Recovery Evaluation Page 18 of 19 EXHIBIT B AQUIFER STORAGE & RECOVERY EVALUATION BUDGET The City and ENGINEER have established a lump sum fee of One hundred ninety-nine thousand five hundred dollars ($199,500) to complete all services under this Contract. This amount will not be exceeded without a contract amendment. The City will pay the ENGINEER on a percent complete basis, for services identified in Exhibit A. A detailed Budget is presented below. The 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 budget. ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of Work or Time of Performance, then this can result in an amendment to this contract which shall be negotiated at that time. The following table summarizes the fee estimated to be required to complete the above scope of work for Tasks l and 2. Task Task Description Fee 1 Review of System and Hydrogeologic Study $569500 2 Selection of Potential ASR Projects $1439000 Total Fee $1999500 Aquifer Storage & Recovery Evaluation Page 19 of 19 ACo ® CERTIFICATE OF LIABILITY INSURANCE 4b.� 6/1/2015 DAT,:` DD"YY" 7/24/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lockton CompaniesNAME: 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 CONTACT PHONE AIC ko E MAIL (816)960-9000 INSU S AFFORDING COVERAGE NAIL A INSURER A: Hartford Fire Insurance Company 19682 Y INSURED HDR ENGINEERING, INC. 1013472 8404 INDIAN HILLS DRIVE INSURER a: Travelers Proverty Casualty Co of America tNsuRn c: New Hampshire Insurance Cornvanv NE 68114-4049 V23841OMAHA, INSURER D: Lexin on Insurance Com an INSURER E: National Union Fire Ins Co Pittsbur h PA _1 CLAIMS-MAOE aOCCUR INSURER F: COVERAGES HDRIN01 CERTIFICATE NUMBER: 13(143(1111 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FNSR LTR TYPE OF INSURANCE UD S R POLICY NUMBER MM DCC EFF POLICY LIMITS A X COMMERCIAL GENERAL LIABILITY y Y 37CSEQUO950 6/1/2014 6/1/2015 _1 CLAIMS-MAOE aOCCUR _ DAMAGE TO PREMISES R occwrerwe $ 300,000 MED EXP ono Person) $ 10,000 X Contractual Liab. PERSONAL & ADV INJURY S 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY ❑X JECTT ❑X LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMPIOPAGG s 2,000,000 $ OTHER A A A AUTOMOBILE LIABILITY X ANYAUTO y y 37CSEQ UO951 (AOS) 37CSEUU0952 (HI) 37CSE1 60(M 6/1/2014 6/1/2014 611/2014 6/1/2015 611/2015 6/1/2015 Eaaccldanl $ 2,000,000 BODILY INJURY (Per person) $ xxxxxxx BODILY INJURY Por accident) ALL AUTOS NEO UTOSUL� PROPERTY DAMAGE $ XXXXXXX X HIRED AUTOS X AO.OWNED $XXXXXXX B X UMBRELLA LIAB X OCCUR N N ZUP-IOR64OW14-NF 6/1/2014 6/1/2015 EACH OCCURRENCE S 1,000,000 EXCESS UAB CLAIMSMADE (EXCLUDES PROF. LIAR) AGGREGATE $ 1,000,000 DED I X I RETENTION$ $0 S xxxxxxx C C E WORKERS COMPENSATION AND EMPLOYERS•LIABLLnYY ANY PROPRIETORIPARTNERIEXECUTNE YIN OFFICERIMEMBEREXCLUDE07 a NIA 027527762 AOS) 027527764 ME 027$27763 CA3 7/1/2014 7/1/2014 7/1/2014 7/1/201$ 7/1/2015 7/1/201$1.000.000 X IMATUTE I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ 1 000,000 (Mandatory In NH) i , desalbe under "I" E.L. DISEASE - POLICY LIMIT o ON blow loOPERAsoTIe D ARCHS & ENGS PROFESSIONAL LIABILITY N N 061853691 611/2014 6/1/2015 PER CLAIM: $1,000,000. AGG: $1,000,000. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remuks Schedule, may be attached It mon space Is required) RE: EVALUATE POTENTIAL FOR DEVELOPING AN AQUIFER STORAGE AND RECOVERY SYSTEM FOR THE CITY OF LUBBOCK, TEXAS. CITY OF LUBBOCK, TEXAS IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY AND AUTO AS PER WRITTEN CONTRACT, ON A PRIMARY, NON-CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES WHERE ALLOWABLE BY LAW. 30 DAYS NOTICE OF CANCELLATION APPLIES, 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION See Attachments 13043081 CITY OF LUBBOCK, TEXAS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTENTION: MARI MECALCO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1302 MAC DAVIS LANE ACCORDANCE WITH THE POLICY PROVISIONS. LUBBOCK TX 79457 AUTHORIZED REPRESE ACORD 25 (2014101) 01988-2014 ACORb 9ORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 37CSEQUO950 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS PER WRITTEN CONTRACT, ON A PRIMARY, NON-CONTRIBUTORY BASIS (information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment famished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 07 04 Miscellaneous Attachment: M5509 Certificate ID: 13043081 POLICY NUMBER: 37CSEQU0950 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, THROUGH WRITTEN CONTRACT, AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE FOR COMPLETED OPERATIONS. Location And Description of Completed Operations: ANY LOCATION WHERE YOU HAVE AGREED, THROUGH WRITTEN CONTRACT, AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE FOR COMPLETED OPERATIONS. Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section II - Who Is An Insured Is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 Miscellaneous Attachment: M5509 Certificate ID: 13043081 Policy No. 37CSEQU0950 HARTFORD Included in General Liability Coverage Form HG 00 0106 05 Waiver Of Rights Of Recovery (Waiver of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Miscellaneous Attachment: M10654 Certificate ID: 13043081 POLICY NO.37CSE000951 HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "Insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Name of Additional Insured Person(s) of Organization(s): Blanket coverage as required by written contract. Hartford Form #HA9913 Miscellaneous Attachment: M6986 Certificate ID: 13043081 WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY NUMBER: 027527762 (AOS) 027527763 (CA) 027527764 (ME) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT REQUIRE IN A WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO AN ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. WC 00 03 13 (Ed. 04-84) Copyright 1983 National Council on Compensation Insurance. HDR, INC. PAGE 001 POLICY EFFECTIVE 7-01-14 Miscellaneous Attachment: M 13279 Certificate ID: 13043081