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Resolution - 2009-R0231 - Agreement - HDR Engineering Inc. - 06/11/2009
Resolution No. 2009—RO231 June 11, 2009 Item No. 5.13 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 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 Agreement (Contract No. 8806) between the City of Lubbock and HDR Engineering, Inc., and related documents (RFQ-09-704-BM). Said Professional Services Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 11th day of TTEST: Rebecca)Carza, City AS TO CONTENT: Thomas Adams, Deputy City Manager Aubrey Spe4r, Dirkctor of Water Utilities June 2009. TOM MARTIN, MAYOR Resolution No. 2009—RO231 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 11th day of June , 2009, by and between the City of Lubbock (the "City" or "Owner"), a Texas home rule municipal corporation, and HDR Engineering, Inc. (the "Engineer"), a Nebraska corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in the planning, evaluating, permitting, designing, and construction management of reservoirs and dams (the "Activities"); WHEREAS, Engineer has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for a fair and reasonable price; WHEREAS, the City desires to contract with Engineer to perform services related to the Activities and Engineer desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Engineer agree as follows: ARTICLE I Services 1.01 Engineer shall conduct all activities and within such time frames, as set forth on Exhibit "A", "Scope of Services", and Exhibit "B", "Payments to Engineer", attached hereto (the "Services"). The City may authorize in writing Additional Services (herein so called and as defined in Article VIII, below), not to exceed the total sum of Fifty Thousand Dollars and No/100 ($ 50,000.00). The City Council of the City of Lubbock herein delegates the authority to authorize the Additional Services to the Director of Water Utilities, or his 1 designee. Engineer shall have no liability for defects in the Services attributable to Engineer's reasonable reliance upon or use of data, design criteria, drawings, specifications, or other information prepared by City and furnished to Engineer by City. 1.02 Engineer shall commence work beginning June 15, 2009 upon issuance to proceed from City. In the event such notice shall occur after June 15, 2009, the time for performance by Engineer for such tasks shall be extended the same amount of days as such notice occurs subsequent to June 15, 2009. The City Council of the City of Lubbock hereby delegates the authority to provide the prescribed notice(s) to proceed to the Director of Water Utilities, or his designee. 1.03 Engineer shall perform only work related to the Phase 1 (Lake 7 - Geotechnical Evaluation and Initial Environmental Sampling), as described in Exhibit "A", until provided written notice to proceed by City with other tasks set forth in Exhibit "A". In the event such notice shall occur after October 1, 2009, the time for performance by Engineer for such tasks shall be extended same amount of days as such notice occurs subsequent to October 1, 2009. The City Council of the City of Lubbock hereby delegates the authority to provide the prescribed notice(s) to proceed to the Director of Water Utilities, or his designee. ARTICLE II Compensation and Term 2 2.01 The consideration to be paid for the Services to be provided the City as described in Article I shall be as indicated in attached Exhibit "B". This amount shall be invoiced to the City monthly as work is performed. 2.02 In the event City disputes any invoice item, City shall give Engineer written notice of such disputed item within ten (10) days after receipt of such invoice and shall pay to Engineer the undisputed portion of the invoice on or before thirty one (3 1) days after its receipt. If City fails to pay any invoiced amounts when due, interest will accrue on each unpaid amount at the rate in effect on September I of the fiscal year in which the payment becomes overdue, the rate in effect on September I being equal to the sum of (i) one percent ( 1 % ); and (ii) the prime rate as published in the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday, or the maximum amount allowed by law, if less, from the date said payment is overdue until paid according to the provisions of the Agreement. Interest shall not be charged on any disputed invoice item finally resolved in. City's favor. Payment of interest shall not excuse or cure any default or delay in payment of amounts due. 2.03 This Agreement shall expire on December 31, 2012. Additionally, the City may terminate this Agreement by providing written notice to Engineer at least thirty (30) days prior to the effective date of termination as provided in such notice. In the event this Agreement is so terminated, the City shall pay Engineer only for services actually performed by Engineer up to and including the date the Engineer is deemed to have received the City's notice of termination. 2.04 Except for City's payment obligation, neither City nor Engineer shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the 3 reasonable control of the non-performing party (herein called a "force majeure event") for the period of such delay, so long as the affected party exercises due diligence to relieve or remove such force majeure event. For purposes of this Agreement, such circumstances include, but are not limited to; unusually severe weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Engineer under this Agreement. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. ARTICLE III Independent Contractor 3.01 It is understood and agreed that Engineer is to perform the Services in a sound and professional manner and exercising the degree of care, skill and diligence in the performance of the Services as is exercised by a professional engineer under similar circumstances at the time such Services are performed. City shall not be responsible for discovering deficiencies or defects in the performance of the Services by Engineer. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS INCLUDED IN THIS AGREEMENT OR IN ANY DRAWING, SPECIFICATION, REPORT, OR OPINION PRODUCED PURSUANT TO THIS AGREEMENT. Further, Engineer is and shall be 2 4.01 considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Engineer and Engineer's employees or its approved subcontractors 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 IV Events of Default/Remedies a. City's Defaults/Engineer's Remedies. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by Engineer to perform hereunder, Engineer may, if said default shall be continuing after five (5) days notice of such default is deemed received by the City, exercise any right or remedy available to it by law, contract, equity or otherwise. b. Engineer's Defaults/City's Remedies. In the event Engineer shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five (5) days notice of such default is deemed received by Engineer, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. 5 5.01 ARTICLE V Insurance/Indemni a. Insurance. Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, 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, commercial general liability, professional liability and automobile liability coverage 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. The policies will be written on an occurrence basis, with the exception of professional liability, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: Professional Liability: Combined Single Limit: Automobile Liabili Combined Single Limit for any auto: C $1,000,000 $1,000,000 per claim $1,000,000 annual aggregate $500,000 Per Occurrence The City shall be listed as a primary 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 of Lubbock. 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. b. Indemnification. Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project, and the Engineer's fee for the Services, and in consideration of the promises contained in this Agreement, Engineer agrees to provide the indemnities set forth herein. Engineer shall indemnify and hold City and City's elected officials, officers, agents, employees and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and expenses, 7 and including reasonable attorney's fees, to the extent caused by Engineer's negligent acts, errors, or omissions. The indemnity provided herein shall survive the expiration or termination of this Agreement. ARTICLE VI Probable Construction Cost 6.01 Engineer's opinions of probable Construction Cost provided for herein are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the industry. ARTICLE VII Miscellaneous 7.01 Engineer shall comply with all laws, statutes, regulations, ordinances, rules and any other legal requirement in effect at the time Services are performed. 7.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the E United States mail, as set forth above. For City: Aubrey A. Spear, P.E. P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3344 For Engineer: David D. Dunn, P.E. 4401 West Gate Blvd. Suite 400 Austin, Texas 78745 Facsimile: (512) 912-5158 7.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 7.04 This Agreement represents the entire and sole agreement between the City and Engineer with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. 7.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. 7.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 7.07 Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when Engineer has been compensated as set forth in Section 2.01, above. However, such Documents are not intended or represented by Engineer to be suitable for reuse by City or others on any other project. Any such reuse or modification without written verification or adaptation by Engineer, as appropriate for the specific purpose intended, will be at City's sole risk and without liability or legal exposure to Engineer or to Engineer's consultants. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Engineer. Any files delivered in electronic media may not work on systems and software different than those with which they were originally produced. Engineer makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings / hard copies and the electronic files, the sealed drawings / hard copies will govern. 10 7.08 A waiver by either City or Engineer of a breach of this Agreement must be in writing 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. 7.09 Except as otherwise provided herein, neither City nor Engineer may assign or subcontract any part of the Services under this Agreement, in whole or in part, without the written consent of such assignment by the non -assigning party. City and Engineer each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 7.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. 7.11 Engineer represents to City that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Engineer to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Engineer hereto. 7.12 Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the project to which the Services design (the "Project"); (2) the failure of any contractor, subcontractor, vendor, or other Project participant, performing the services hereunderto fulfill contractual responsibilities to the City or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Exhibit "A", Scope of Services. 11 7.13 Anything herein to the contrary notwithstanding, title to, ownership of, and legal responsibility and liability for any and all pre-existing contamination shall be determined in accordance with all applicable statutes, regulations, rules, orders and ordinances. 7.14 The performance of City hereunder shall be at all times conditioned upon the appropriation of sufficient funds by the City Council of the City of Lubbock. In the event that such funds are not so appropriated by the City Council, such shall not be considered a breach of this Agreement by the City. 7.15 City and Engineer agree that any dispute between them arising out of or related to this Agreement shall be submitted to non-binding mediation prior to exercising any other rights under law, unless the parties mutually agree otherwise. 7.16 The authority to authorize Additional Services, as defined and limited herein, and to act as Owner representative, as contemplated herein, including but not limited to, Exhibit "A", is hereby subject to the City Council approving budget authority for the services and written notification to proceed by the Director of Water Utilities, or his designee. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. 12 HDR ENGINEERING, INC. TOM MARTIN, MAYOR ATTEST: P" 4t&�� a��r - RebecA Garza, City Secretary APPROVED AS TO CONTENT: Adams, Deputy City Manager of Water Utilities 13 Resolution No. 2009-RO231 Exhibit A Scope of Services Feasibility Evaluation of Lake 7 & Post Reservoir The HDR Team will perform professional engineering and environmental services described in this Scope of Work. The HDR Team includes: • HDR Engineering, Inc (HDR); • Fugro Consultants, Inc. (Fugro); • Enprotec /Hibbs & Todd, Inc. (eHT); • TRC; • Geo -Marine, Inc. (GMI); and • Alan Plummer Associates, Inc. (APAI). Services include a preliminary engineering evaluation of the feasibility of constructing Lake 7 and initial environmental data collection related to the Post Reservoir site. Background Both Lake 7 and the Post Reservoir are water supply alternatives included in the City of Lubbock's Strategic Water Supply Plan adopted by the City Council in July 2007. Relying solely on the natural intermittent flows in the North Fork, neither of these lakes would be feasible. However, the City is taking steps to add developed storm water from nearby playa lakes and increase the volume of treated wastewater it discharges. The additional developed water will increase the sustainable yields in these two proposed lakes to quantities that make reservoir construction an attractive alternative. Under this Scope of Work the HDR Team will perform evaluations to determine the feasibility of constructing these two reservoirs. An application for a water rights permit for Lake No. 7 has been submitted to TCEQ and requests for information (RFIs) have been issued by TCEQ requesting certain environmental data be furnished. This Scope of Work includes the collection of this environmental data for TCEQ. A water rights permit presently exists for Post Reservoir and is held by the White River Municipal Water District. This permit may need to be amended to address any changes in the operation or size of the project following these feasibility studies. Both projects will require a Federal Section 404 permit for the US Army Corps of Engineers (USACE), Fort Worth District office. Work for preparation of a Section 404 permit application for Lake No. 7 is included in this Scope of Work as the size of this project (with a maximum conservation pool surface area of 795 acres) will not likely require an Environmental Impact Statement (EIS) to be prepared by a third -party contractor for the USACE. For the Post Reservoir project, preparation of a Section 404 permit application is not included in this Scope of 14 Work as the size of this project (with a maximum conservation pool surface area of 2,283 acres) could require the USACE to perform an EIS. Work necessary to support the preparation of an EIS will require additional studies beyond those included in this Scope of Work and will need to be performed in subsequent phases. However, the work performed for Post Reservoir under this Scope of Work will be used to establish baseline conditions for the Federal Section 404 permit application and EIS, if an EIS is required. Organization of Scope of Work This project is organized into two phases, based upon the projected availability of budged funds. Phase 1— Geotechnical Evaluation and Initial Environmental Sampling at Lake 7 Phase 1 is intended to be largely complete during the 2009 fiscal year, and will provide a preliminary geotechnical evaluation of the proposed Lake 7 dam site. Phase 1 will also provide initial environmental information in support of a water right permit application pending at the Texas Commission for Environmental Quality. Coordination with property owners in the Lake 7 vicinity will be required. Phase 2 — Continued Lake 7 Analysis and Post Reservoir Environmental Analysis Phase 2 is intended to be completed during the 2010 fiscal year, and is comprised of two parts, A and B. During Phase 2A, environmental evaluations of the Lake 7 project initiated during Phase 1 will be continued, and initial cultural resources evaluations of the proposed Lake 7 site will be completed. The feasibility report for construction of Lake 7 will be completed and presented to the Lubbock Water Advisory Commission (LWAC) during Phase 2A, and interagency coordination related to Lake 7 will be initiated. Phase 2B will provide the initial environmental information needed for the proposed Post Reservoir dam site. Additional Services: Phase 3 — Post Reservoir Analyses and 404 Permit Documents for Lake 7 Phase 3 tasks are considered additional services and are not considered part of this scope of work. The Phase 3 tasks are included herein solely as a reference should the City decide to pursue investigations regarding Lake 7 or Post Reservoir beyond what is included in Phases I and 2. Phase 3 would potentially include preparation of the 404 permit documents for Lake 7, and the bulk of the feasibility analysis for Post Reservoir, including geotechnical evaluation, cultural resource analysis, and compilation and summary of the environmental information collected. Any final recommendations regarding the Post Reservoir would be presented to the LWAC and City Council in Phase 3. 15 Phase 1 Lake 7 - Geotechnical Evaluation & Initial Environmental Sampling During Phase 1, the HDR Team will commence a feasibility evaluation for the proposed Lake 7. Phase 1 will include a geotechnical evaluation of the proposed dam site, and collection of the first set of environmental data at the reservoir site. Primary Phase 1 deliverables include a Geological Reconnaissance Report and a Preliminary Geotechnical Investigations Report. Environmental data collected during Phase 1 will be used during the development of deliverables during Phase 2. Task 1.1 Lake 7 - Geotechnical Analyses and Reports Under this task the following subtasks will be performed. Subtasks: 1. A review of available geologic literature will be performed and geologic maps of the reservoir area will be developed. This will aid in identifying geologic features significant to Lake 7. 2. A site reconnaissance will be performed at the dam site to assess potential access and right - of -entry constraints, to determine specific boring locations and elevations, and to observe abutment outcrop conditions and general site conditions. 3. The HDR Team will initially meet with City of Lubbock staff to present the general plan of investigation and to coordinate property access for the drilling program. 4. Geologic field mapping of the areas located immediately upstream and downstream of the Lake 7 site will be performed. Emphasis will be placed on identifying and mapping geologic formations, potential unstable slopes and potential on-site borrow areas. This task will be conducted prior to the drilling operations. The findings of this task and pertinent information from the previous tasks will be presented in a Geological Reconnaissance Report for Lake 7. A preliminary geotechnical investigation will be performed at the Lake 7 site, which will include geotechnical core borings, borrow area evaluations, field tests, laboratory tests and engineering interpretation and analyses. We recommend that a minimum of four core borings be drilled at the Lake 7 dam site. A preliminary layout of boring locations is included on Figure 1. At the Lake 7 dam site, the borings should be located as close as practical to each dam abutment, the maximum embankment section in the streambed channel, and the preliminary location of the emergency spillway. Based on preliminary information developed to date, we have estimated the following boring depths for the Lake 7 dam site: Lake 7 - Borings Plan Approximate Boring Location Estimated Boring Depths (ft) Left Abutment 200 Right Abutment 200 Streambed or Dam Centerline 100 Emergency Spillway 60 6. The surficial alluvium, colluvium and residual soils will be sampled intermittently using push tubes, auger cuttings, and/or Standard Penetration samplers. The bedrock will be continuously cored using NQ -size wireline drilling techniques. Packer/pressure tests will be conducted in the bedrock below the normal pool elevation in the abutment and valley borings. All of the borings will be filled with a cement/bentonite grout after completion of drilling and pressure testing. 7. Geotechnical laboratory tests will be performed on the recovered materials and include: moisture content, Atterberg Limits, sieve analyses, unconfined compression and hydraulic conductivity. 8. A Preliminary Geotechnical Investigations Report will be prepared for the Lake 7 dam site, which will include: • Geotechnical and geological data (including boring logs); • Interpretation of geotechnical and geological data; • Geotechnical engineering analyses; • Initial assessment of each dam site including a preliminary slope stability and seepage (through the dam) analysis for the maximum height cross section, and the general water holding capability of each impoundment area; and • The results of the field and laboratory testing will be included in an appendix to the Preliminary Geotechnical Investigations Report. The Geological Reconnaissance Report will be included as an appendix. 9. The HDR Team will present the findings of the Preliminary Geotechnical Investigations Report for Lake 7 at a meeting with the City of Lubbock. Task 1.2 - Environmental Literature Review for Lake 7 and Post Reservoir To establish appropriate survey and samping methodolgies for species of concern, a literature review will be conducted and will consider these issues at the Lake 7 and Post Reservoir sites: • Literature review of selected fish and minnow assemblages, specifically the sharpnose shiner (Notropis oxyrhynchus) and the smalleye shiner (N. buccula) associated with habitats of the Brazos River system. Communication with Dr. Wilde (TTU) for update on latest findings of aquatic species, particularly the smalleye and sharpnose shiners. 17 • Review of literature associated with the mussel species petitioned for listing by the FWS, including their history, preferred habitat, and current status. • Studies and reports developed by resource agencies, universities and researchers. • Planning Evaluation of City Parks & Trails Master Planning Documents. • Vegetation and Wildlife Database Search – TPWD Natural Diversity Database. • Water quality data review (coordination with Alan Plummer and Associate, Inc. (APAI) on other City studies). • Soils mapping and map unit description documentation. The literature review will be summarized in a memorandum for Lake 7. The memorandum for Post Reservoir will be developed during Phase 2. Based on the information gathered during this literature search, a set of specific conclusions will be developed regarding potential, current, and future ecological impacts which could reasonably expected to occur from the development of each reservoir. The results of the literature review will allow the consultant team to establish the proper survey methodologies and parameters for the sharpnose and smalleye shiners, freshwater mussels, and other aquatic species. Task 1.3 – Lake 7 - Field Surveys and Data Collection In support of the water rights permit application previously submitted by the City to TCEQ and in support of a Federal Section 404 permit application, the HDR Team will perform the following environmental services for Lake 7: 1. Environmental Baseline Surveys (see Appendix A for additional detail) • Aquatic Life Sampling – Spring and Fall 2009 • Vegetation Mapping – Spring/Summer 2009 • Texas Horned Lizard surveys –Summer 2009 • General Wildlife Surveys and Wildlife Habitat Appraisal Procedure sampling – Spring/Summer 2009 Only data collection will be performed for Lake 7 during Phase 1. Summary documentation and final reporting of findings will be performed during Phase 2. Task 1.4 —Coordination Meetings with Property Owners and Stakeholders Associated with Lake 7 To help maintain good working relationships with the property owners at the Lake 7 site, the HDR Team will maintain communications as directed by Lubbock staff. More formal communications will occur at meetings to be held with the property owners. HDR Team members will support the City's efforts to coordinate, organize, and lead these meetings to discuss on-going work efforts and any changes in plans and schedule for the project considering the evaluations as outlined in previous tasks. Anticipated coordination includes one meeting with the owners associated with the Lake 7 site during Phase 1 and one additional meeting during 18 Phase 2. It is anticipated that the meetings will be held at a location in Lubbock. Support for these meetings by the HDR Team will generally include: Meeting Support Materials • Provide large-scale maps of each reservoir area showing details of pertinent items of interest; and • Provide presentation materials to help facilitate discussion including updates of project schedules. Summary of Deliverables — Phase 1 Future sampling, agency site visits, and analysis and reporting of environmental data collected during Phase 1 are included in Phase 2. 1. Geologic literature review memorandum for Lake 7 2. Geologic map of the Lake 7 reservoir area 3. Geological Reconnaissance Report for Lake 7 4. Geotechnical core samples 5. Preliminary Geotechnical Investigation Report for Lake 7 6. Technical memorandum presenting the results of the environmental literature review related to Lake 7 7. PowerPoint presentations and associated boards and visual aids, including handout packages for meetings with property owners. All deliverables will be in both "hard copy" and "electronic copy." 19 Phase 2 Continued Lake 7 Analysis & Post Reservoir Environmental Analysis During Phase 2, the HDR Team will continue the feasibility evaluation for the proposed Lake 7 (Phase 2A), and commence a feasibility evaluation for the proposed Post Reservoir (Phase 213). Environmental analysis of the Lake 7 reservoir will continue, with agency coordination and site visits. Phase 2B will include collection of the first set of environmental data for the proposed Post Reservoir, but no other analyses related to the site. Phase 2A — Lake 7 Analyses Task 2A.1 — Initial Cultural Resource Evaluation for Lake 7 The initial cultural resource evaluation for Lake 7 will focus on collecting background information, completing a field reconnaissance of the reservoir areas, and using these data to characterize the reservoir sites from a cultural resource perspective. The information will be collected and used to develop a "Phase I Survey Protocol" for subsequent cultural resource investigations, specifically a more comprehensive pedestrian survey of the reservoir sites to locate potential locations for future excavation. Subtasks: 1. Database search of Texas Archeological Research Laboratory (TARL) files, National Register of Historic Places (NRHP), local data sources; 2. Background Study and Development of Prehistoric and Historic Contexts; 3. Development of Predictive Model for Archeological Site Locations; 4. Reconnaissance of Project Area to be performed during the Preliminary Geotechnical Investigations; 5. Development of a proposed Phase I survey protocol to be applied in the reservoir project area; and 6. A technical memorandum will be developed for the site for inclusion in the Feasibility reports. Task 2A.2 — Additional Field Surveys and Data Collection for Lake 7 In support of the water rights permit application previously submitted by the City to TCEQ and in support of a Federal Section 404 permit application, the HDR Team will perform the following environmental services for Lake 7 during Phase 2: 1. Environmental Baseline Surveys (see Appendix A for additional detail) • Delineation of Waters of the U.S. —Fall 2010 Task 2A.3 — Aerial Video Survey of North Fork Channel Adjacent to Reservoir Sites 20 In support of investigations at both reservoir sites and to aid in coordination with resource agencies, an aerial video survey will be conducted of the North Fork stream channel to be inundated by both reservoir pools. This aerial survey will be performed via a low-level helicopter flight, documented with digital video and GPS positioning. A geologist and an engineer from the HDR Team will be present during the aerial survey. This survey will be used to identify and characterize stream channel morphology upstream and downstream from the proposed dam sites, identify geologic outcroppings of potential concern, and identify anthropogenic features affecting reservoir construction and inundation of the reservoir pool areas (pipeline crossings, roads, power lines, etc.). A video of the flight will be edited and geo- referenced for use by environmental professionals from the HDR Team to identify riparian habitat and locations warranting field inspection. This video will be especially useful to expedite coordination with resource agency personnel and for public meetings. Task 2A.4 — Interagency Coordination for Lake 7 The HDR Team will coordinate a meeting at the Lake 7 reservoir site with appropriate agency staff (COE, TWDB, TCEQ, TPWD, and others such as the US Fish and Wildlife Service (FWS) and the US Environmental Protection Agency (EPA)) to introduce the project and obtain early input. The goals of interagency coordination include: 1. Educate the interagency team about the purpose and need for the project; 2. Gain input from agency staff on key issues to be researched, evaluated, and addressed in the planning and permitting phase of the project; and 3. Facilitate an early dialog to identify constraints and gain input that will allow the project team to develop a permitting plan and identify appropriate mitigation measures. Following an initial meeting at each site, the HDR Team will lead a more detailed site visit to familiarize agency staff with the habitat characteristics, existing land use, and general condition of each site. It is the HDR Team's experience that two such meetings/site visits are beneficial to familiarize agency staff with a project, because not all agency staff are available for a single meeting. The first meeting/site visit will be more general in nature while the second meeting will provide the opportunity to present some initial findings of the environmental background and sampling completed to date. The timing of the agency site visits are shown in the attached schedule and summarized below. • 1 St Agency Site Visit — Fall 2009 • TCEQ — Preparation and Submittal of revised Environmental Information Document (EID) in Fall/Winter 2009 for Lake No. 7 in response to TCEQ comments • Impact evaluation (fill and linear footage of inundation) • Mitigation alternatives evaluation • 2°d Agency Site Visit — Spring 2010 • Section 404 Permit Application Document — Summer 2010 a. Individual Permit Application b. Conceptual Mitigation Plan — using new Fort Worth District template c. USACE coordination meetings (two included) d. Review and response to comments 21 e. Final Compensatory Mitigation Plan Note: No agency coordination related to Post Reservoir will be performed in Phasc 2. Task 2A.5 — Reservoir Feasibility Analysis and Report for Lake 7 for a Range of Conservation Pool Levels Previous studies of Lake 7 have not considered optimization of costs based on a range of conservation pool levels. Under this task, three conservation pool levels will be evaluated for the Lake 7 site. The analyses will consider: updated reservoir yields considering elevation -area - capacity data (based on mapping developed since 1968), drainage areas, sedimentation, and updated return flow and storm water quantities; relocations and property acquisition costs; dam embankment and spillway sizing and costs; and changes in water quality based on changes in evaporative losses. The cost estimate will include any seepage control measures as recommended by the Preliminary Geotechnical Investigation Report. For the Reservoir Feasibility Report for Lake 7, the following subtasks will be performed: Subtasks• 1. Develop a detailed map the reservoir area and dam site at a scale of 1 inch to 500 feet using publicly available aerial photos with the following overlays: topographic data from USGS 7.5 minute maps; a grid system tied to GPS coordinates for field reference and any significant geologic formation information from Phase 1. 2. Develop elevation -area -capacity data and verify drainage areas at the reservoir site using latest USGS maps; 3. Develop average annual sedimentation rate data for the reservoir for a 50 -year time period; 4. Calculate safe and firm yields of the reservoir for three conservation pool levels using TCEQ's Brazos Water Availability Model (Brazos WAM) for initial and 50 -year reservoir sedimentation conditions using appropriate return flow and storm water assumptions and appropriate pass-through requirements for downstream water rights and environmental flows; 5. Estimate 50 year, 100 year and Probable Maximum Floods for the reservoir site and use hydrologic models to route the floods through the reservoir for various spillway configurations; 6. Develop HEC -RAS models of selected stream reaches near the upper end of the reservoir to evaluate road relocation and bridge raising requirements based on TxDOT and County standards; 7. Field survey data for selected stream cross-sections for use in the HEC -RAS model; 8. Develop a spreadsheet reservoir operations model to estimate changes in water quality (TDS, chlorides and sulfates) at Post Reservoir based on three conservation pool levels for two levels of return flows; 22 9. Research appropriate land costs from local appraisal district data and other available sources; and 10. Prepare total project costs estimates for the reservoir site for the three conservation pool levels and compare to the yield of the project to determine how sensitive project costs (including relocations and land) are to the conservation pool level. A Reservoir Feasibility Report will be prepared for Lake 7, which will include all of the above information. The report will include an executive summary. Ten copies of a draft report will be delivered and thirty copies of a final report will be delivered to the City after comments are received. Task 2A.6 — Presentation to the LWAC on Lake 7 Interim results of work regarding Lake 7 will be presented to the LWAC in Lubbock at key points during project development. Up to three meetings with the LWAC will be attended by at least 3 members of the HDR Team. Deliverables include PowerPoint presentations and associated boards and visual aides, including handout packages for the LWAC. Presentations to the Lubbock City Council are anticipated to occur after all analyses are complete during Phase 3. Task 2A.7 —Coordination Meetings with Property Owners at Lake 7 To help maintain good working relationships with the property owners at the Lake 7 site, the HDR Team will maintain communications as directed by Lubbock staff. More formal communications will occur at meetings to be held with the property owners. HDR Team members will support the City's efforts to coordinate, organize, and lead these meetings to discuss on-going work efforts and any changes in plans and schedule for the Lake 7 project considering the evaluations as outlined in previous tasks. Anticipated coordination during Phase 2 includes one meeting with the owners associated with the Lake 7 site. It is anticipated that the meetings will be held at a location in Lubbock. Support for these meetings by the HDR Team will generally include: Meeting Support Materials • Provide large-scale maps of Lake 7 reservoir area showing details of pertinent items of interest; and • Provide presentation materials to help facilitate discussion including updates of project schedules. Task 2A.8 — Presentation to Lubbock City Council regarding Lake 7 The final results of all work related to Lake 7 will be presented to the Lubbock City Council. A PowerPoint presentation of the findings and conclusions of the work effort will be prepared. This presentation will be reviewed with City staff and the LWAC prior to presentation to the City Council. This scope of work anticipates that five 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 Council. 23 Phase 2B – Post Reservoir Analyses Task 213.1 —Coordination Meetings with Property Owners at Post Reservoir To help maintain good working relationships with the property owners at the Post Reservoir site, the HDR Team will maintain communications as directed by Lubbock staff. More formal communications will occur at meetings to be held with the property owners. HDR Team members will support the City's efforts to coordinate, organize, and lead these meetings to discuss on-going work efforts and any changes in plans and schedule for the Post Reservoir project considering the evaluations as outlined in previous tasks. Anticipated coordination during Phase 2 includes one meeting with the owners associated with the Post Reservoir site. It is anticipated that the meetings will be held at a location in Lubbock, although a location in Post may be more appropriate. Support for these meetings by the HDR Team will generally include: Meeting Support Materials • Provide large-scale maps of the Post Reservoir area showing details of pertinent items of interest; and • Provide presentation materials to help facilitate discussion including updates of project schedules. Task 213.2 – Environmental Literature Review Memorandum for Post Reservoir The HDR Team will prepare a technical memorandum summarizing the information compiled during the environmental literature review for Post Reservoir. Task 213.3 – Field Surveys and Data Collection for Post Reservoir In support of an anticipated future water rights permit amendment to TCEQ and in support of a future Section 404 permit application, the HDR Team will perform the following environmental services for Post Reservoir during Phase 2: Environmental Baseline Surveys (see Appendix A for additional detail) • Reconnaissance Level Surveys – Fall 2009/Spring 2010 • Texas Horned Lizard surveys – Summer 2010 (pending access) • Aquatic Life Sampling – Spring and Fall 2010 • Delineation of Waters of the U.S. – Fall 2010 (pending access) • Vegetation Mapping –Spring 2010 • General Wildlife Surveys and Wildlife Habitat Appraisal Procedure sampling - Fall 2010 Only data collection will be performed for Post Reservoir during Phase 2. HDR will provide a summary memorandum documenting the data collected during the surveys. Summary documentation and final reporting of findings will be performed during Phase 3, if requested by the City. 24 Summary of Deliverables — Task Phase 2 1. Technical memorandum presenting the initial Cultural Resource Evaluation for Lake 7 2. Revised Environmental Information Document for Lake 7 (in support of TCEQ water right application) 3. Aerial survey video of both sites 4. Reservoir Feasibility Report for Lake 7 5. PowerPoint presentations and associated boards and visual aids, including handout packages for agency personnel, the LWAC, the Council and property owners. 6. Technical memorandum presenting the results of the environmental literature review related to Post Reservoir. 7. Memorandum summarizing the environmental data collected at the Post Reservoir site. All deliverables will be in both "hard copy" and "electronic copy." 25 Additional Services: Phase 3 Post Reservoir Analyses and 404 Permit Documents for Lake 7 Phase 3 tasks are considered to be additional services and are not considered part of this scope of work. The Phase 3 tasks are included herein solely as a reference should the City decide to pursue investigations regarding Post Reservoir beyond the basic environmental data collected during Phase 213, or pursue 404 permitting for Lake 7. Task 3.1 — Additional Agency Coordination and Preparation of Documents Related to Federal Permitting for Lake 7 The HDR Team will develop the following documents and perform the activities necessary for a 404 Permit Application related to the Lake 7 site: a. Individual Permit Application b. Conceptual Mitigation Plan — using new Fort Worth District template c. USACE coordination meetings (two included) d. Review and response to comments e. Final Compensatory Mitigation Plan Task 3.2 — Geotechnical Analyses and Reports for Post Reservoir Under this task the following subtasks will be performed. Subtasks: 1. A review of available geologic literature will be performed and geologic maps of the reservoir area will be developed. This will aid in identifying geologic features significant to Post Reservoir. 2. A site reconnaissance will be performed at the dam site to assess potential access and right - of -entry constraints, to determine specific boring locations and elevations, and to observe abutment outcrop conditions and general site conditions. 3. The HDR Team will initially meet with City of Lubbock staff to present the general plan of investigation and to coordinate property access for the drilling program. 4. Geologic field mapping of the areas located immediately upstream and downstream of the Post Reservoir dam site will be performed. Emphasis will be placed on identifying and mapping geologic formations, potential unstable slopes and potential on-site borrow areas. This task will be conducted prior to the drilling operations. The findings of this task and pertinent information from the previous tasks will be presented in a Geological Reconnaissance Report for Post Reservoir. 5. A preliminary geotechnical investigation will be performed at the Post Reservoir site, which will include geotechnical core borings, borrow area evaluations, field tests, laboratory tests and engineering interpretation and analyses. We recommend that a minimum of four core 26 borings be drilled at the Post Reservoir dam site. A preliminary layout of boring locations is included on Figure 2. At the Post dam site, three previous borings were obtained in 1968, and their locations are shown on Figure 2. Four additional borings are recommended along the dam centerline and in the emergency spillway area as shown on Figure 2. Based on preliminary information developed to date, we have estimated the following boring depths for the Post Reservoir dam site: Post Reservoir Borings Plan Approximate Boring Location Estimated Boring Depths (ft) Left Abutment 200 Right Abutment 200 Streambed or Dam Centerline 100 Emergency Spillway 50 6. The surficial alluvium, colluvium and residual soils will be sampled intermittently using push tubes, auger cuttings, and/or Standard Penetration samplers. The bedrock will be continuously cored using NQ -size wireline drilling techniques. Packer/pressure tests will be conducted in the bedrock below the normal pool elevation in the abutment and valley borings. All of the borings will be filled with a cement/bentonite grout after completion of drilling and pressure testing. 7. Geotechnical laboratory tests will be performed on the recovered materials and include: moisture content, Atterberg Limits, sieve analyses, unconfined compression and hydraulic conductivity. 8. A Preliminary Geotechnical Investigations Report will be prepared for the Post Reservoir dam site, which will include: • Geotechnical and geological data (including boring logs); • Interpretation of geotechnical and geological data; • Geotechnical engineering analyses; • Initial assessment of each dam site including a preliminary slope stability and seepage (through the dam) analysis for the maximum height cross section, and the general water holding capability of each impoundment area; and • The results of the field and laboratory testing will be included in an appendix to the Preliminary Geotechnical Investigations Report. The Geological Reconnaissance Report will be included as an appendix. 9. The HDR Team will present the findings of the Preliminary Geotechnical Investigations Report for Post Reservoir at a meeting with the City of Lubbock. 27 Task 3.3 — Initial Cultural Resource Evaluation for Post Reservoir The initial cultural resource evaluation for Post Reservoir will focus on collecting background information, completing a field reconnaissance of the reservoir areas, and using these data to characterize the reservoir sites from a cultural resource perspective. The information will be collected and used to develop a "Phase I Survey Protocol" for subsequent cultural resource investigations, specifically a more comprehensive pedestrian survey of the reservoir sites to locate potential locations for future excavation. Subtasks: 1. Database search of Texas Archeological Research Laboratory (TARL) files, National Register of Historic Places (NRHP), local data sources; 2. Background Study and Development of Prehistoric and I listoric Contexts; 3. Development of Predictive Model for Archeological Site Locations; 4. Reconnaissance of Project Area to be performed during the Preliminary Geotechnical Investigations; 5. Development of a proposed Phase I survey protocol to be applied in the reservoir project area; and 6. A technical memorandum will be developed for the site for inclusion in the Feasibility reports. Task 3.4 —Agency Coordination and Preparation of Documents Related to Federal and State Permitting for Post Reservoir In support of an anticipated future water rights permit amendment to TCEQ and in support of a future Section 404 permit application, the HDR Team will perform the following environmental services and develop the following documents for Post Reservoir during Phase 3. The HDR Team will coordinate a meeting at the Post Reservoir site with appropriate agency staff (COE, TWDB, TCEQ, TPWD, and others such as the US Fish and Wildlife Service (FWS) and the US Environmental Protection Agency (EPA)) to introduce the project and obtain early input. The goals of interagency coordination include: 1. Educate the interagency team about the purpose and need for the project; 2. Gain input from agency staff on key issues to be researched, evaluated, and addressed in the planning and permitting phase of the project; and 3. Facilitate an early dialog to identify constraints and gain input that will allow the project team to develop a permitting plan and identify appropriate mitigation measures. Following an initial meeting at each site, the HDR Team will lead a more detailed site visit to familiarize agency staff with the habitat characteristics, existing land use, and general condition of each site. It is the HDR Team's experience that two such meetings/site visits are beneficial to familiarize agency staff with a project, because not all agency staff are available for a single meeting. The first meeting/site visit will be more general in nature while the second meeting 28 will provide the opportunity to present some initial findings of the environmental background and sampling completed to date. The timing of the agency site visits are shown in the attached schedule and summarized below. • 1St Agency Site Visit– Fall 2010 • 2nd Agency Site Visit – Spring 2011 In addition to the agency site visits, the HDR Team will develop the following documents related to permitting of Post Reservoir. a. Corps of Engineers Project Management Plan for Post Reservoir The HDR Team will develop a draft long-term Project Management Plan (PMP) for Post Reservoir. A meeting will then be set up with the Corps of Engineers (COE) Fort Worth District staff to review the draft PMP and obtain their input and guidance with respect to resource agency coordination, environmental monitoring requirements, and other significant milestones associated with the planning, permitting and development of the project. Following the meeting with the COE, the PMP will be revised and furnished to the COE for comment. b. Preliminary Impact Evaluation of project alternatives c. Preliminary mitigation alternatives evaluation d. Draft outline and scope for NEPA document Note: A Section 404 Permit Application for Post Reservoir is not included in this work plan due to the size of the project and the potential for an EIS to be required. While it is anticipated that the COE Regulatory Branch will require that the National Environmental Policy Act (NEPA) document be completed by a third -party contractor (likely a requirement for Post Reservoir), it will be necessary for the project team to assist in the preparation of a preliminary outline and scope of work. Therefore, a draft outline and scope of work for the NEPA documentation (likely only required for Post Reservoir) will be prepared during Phase 3. The draft scope of work and outline for the NEPA document will be developed by the HDR Team based on the input received during the interagency coordination meetings. Task 3.5 — Reservoir Feasibility Report for Post Reservoir for a Range of Conservation Pool Levels Previous studies of Post Reservoir have not considered optimization of costs based on a range of conservation pool levels. Under this task, three conservation pool levels will be evaluated for the Post Reservoir site. The analyses will consider: updated reservoir yields considering elevation - area -capacity data (based on mapping developed since 1968), drainage areas, sedimentation, and updated return flow and storm water quantities; relocations and property acquisition costs; dam embankment and spillway sizing and costs; and changes in water quality based on changes in evaporative losses. The cost estimate will include any seepage control measures as recommended by the Preliminary Geotechnical Investigation Report. ►3Q For the Reservoir Feasibility Report for Post Reservoir, the following subtasks will be performed: Subtasks: 1. Develop a detailed map the reservoir area and dam site at a scale of 1 inch to 500 feet using publicly available aerial photos with the following overlays: topographic data from USGS 7.5 minute maps; a grid system tied to GPS coordinates for field reference and any significant geologic formation information from Phase 1. 2. Develop elevation -area -capacity data and verify drainage areas at the reservoir site using latest USGS maps; 3. Develop average annual sedimentation rate data for the reservoir for a 50 -year time period; 4. Calculate safe and firm yields of the reservoir for three conservation pool levels using TCEQ's Brazos Water Availability Model (Brazos WAM) for initial and 50 -year reservoir sedimentation conditions using appropriate return flow and storm water assumptions and appropriate pass-through requirements for downstream water rights and environmental flows; 5. Estimate 50 year, 100 year and Probable Maximum Floods for the reservoir site and use hydrologic models to route the floods through the reservoir for various spillway configurations; 6. Develop HEC -RAS models of selected stream reaches near the upper end of the reservoir to evaluate road relocation and bridge raising requirements based on TxDOT and County standards; 7. Field survey data for selected stream cross-sections for use in the HEC -RAS model; 8. Develop a spreadsheet reservoir operations model to estimate changes in water quality (TDS, chlorides and sulfates) at Post Reservoir based on three conservation pool levels for two levels of return flows; 9. Research appropriate land costs from local appraisal district data and other available sources; and 10. Prepare total project costs estimates for the reservoir site for the three conservation pool levels and compare to the yield of the project to determine how sensitive project costs (including relocations and land) are to the conservation pool level. A Reservoir Feasibility Report will be prepared for Post Reservoir, which will include all of the above information. The report will include an executive summary. Ten copies of a draft report will be delivered and thirty copies of a final report will be delivered to the City after comments are received. 30 Task 3.6 — Presentation to the LWAC on Post Reservoir It is assumed that results related to Lake 7 will have been presented to the LWAC during Phase 2. Interim results of work related to Post Reservoir will be presented to the LWAC in Lubbock at key points during project development. Up to three meetings with the LWAC to discuss Post Reservoir will be attended by at least 3 members of the HDR Team. Deliverables include PowerPoint presentations and associated boards and visual aides, including handout packages for the LWAC. Task 3.7 — Presentation to Lubbock City Council on Post Reservoir The final results of all work related to Post Reservoir will be presented to the Lubbock City Council. A PowerPoint presentation of the findings and conclusions of the work effort will be prepared. This presentation will be reviewed with City staff and the LWAC prior to presentation to the City Council. This scope of work anticipates that five 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 Council. Summary of Deliverables — Phase 3 1. Section 404 Permit Application Documents for Lake 7 2. Geologic literature review memorandum for Post Reservoir 3. Geologic map of the Post Reservoir area 4. Geological Reconnaissance Report for Post Reservoir 5. Geotechnical core samples 6. Preliminary Geotechnical Investigation Report for Post Reservoir 7. Technical memorandum presenting the initial Cultural Resource Evaluation for Post Reservoir 8. Corps of Engineers long-term Project Management Plan for Post Reservoir 9. Technical memorandum summarizing the Preliminary Impact Evaluation and Preliminary Mitigation Alternatives Evaluation of project alternatives for Post Reservoir 10. Draft outline and scope for NEPA document for Post Reservoir 11. Reservoir Feasibility Report for Post Reservoir 12. PowerPoint presentations and associated boards and visual aids, including handout packages for the LWAC, the Council and property owners regarding Post Reservoir. All deliverables will be in both "hard copy" and "electronic copy." Future Phases and Services The deliverables and information developed from these activities will establish a baseline of data that will be built upon in future years with additional work in support of permitting activities. Scopes of work for future activities will be defined considering information developed and 31 progress attained. In addition to the Additional Services described as Phase 3, future activities may include, but are not limited to, the following: 2 4. 5. 6. 7. 8. 9. Continued processing and support of the TCEQ water right applications for both projects. Continued agency coordination and initiation of stakeholder and public involvement. This will likely involve the retention of a local public information/relations agency to assist with the controlled dissemination of information regarding the project. Completion of a Phase I Cultural Resource Evaluation Survey of Reservoir Project Area including coordination with regulatory agencies (i.e. COE, Texas Historical Commission, and TWDB) and an artifact recovery program. Potential installation and maintenance of new US Geological Survey streamflow stations and water quality monitoring sites. Development of preliminary concepts for mitigation including coordination with property owners concerning possible proximate mitigation sites and strategies. Level 1 geomorphic assessment of the North Fork downstream of the Post dam site. Preparation of a proposed Delineation and Jurisdictional Determination Report in accordance with the 1987 Wetlands Delineation Manual, 2007 Rapanos Guidance, and Great Plains Interim Regional Supplement (March 2008). Preparation of a Section 404 permit application for Post Reservoir including identification and discussion of project alternatives; Preparation and submittal of a joint application for Clean Water Act Section 401/404 Individual Permit and Water Quality Certification authorizations. 10. Initiation of draft NEPA documentation focusing on Purpose and Need, Description of Alternatives, and Description of Existing Environment. 11. Preliminary engineering, final design, and construction management services will be performed in subsequent phases. Project Schedule The following dates are milestones by which specific tasks are planned to be completed. 32 Task Completion No. I Task Description Date Phase 1. Geotechnical Evaluation and Initial Environmental Sampling of Lake 7 1.1 Geotechnical Analyses and Reports for Lake 7 01/29/10 1.2 Environmental Literature Review for Lake 7 and Post Reservoir 07/31/09 1.3 Field Surveys and Data Collection for Lake 7 - first run 06/30/09 1.3 Field Surveys and Data Collection for Lake 7 - stress period 09/30/09 1.4 Coordination Meetings with Property Owners - Lake 7 to be scheduled Phas'2: Continued L':ake 7 Analysis and Post 12eservcirtt�nmental Anal is z, . Phase 2A. Lake 7 Analyses 2A.1 Initial Cultural Resource Evaluation for Lake 7 02/01/10 2A.2 Additional Field Surveys and Data Collection for Lake 7 11/30/09 2A.3 Aerial Video Survey of North Fork Channel Adjacent to Reservoir Sites 10/30/09 2A.4 Interagency Coordination for Lake 7 to be scheduled 2A.5 Lake 7 Feasibility Analysis and Report 04/15/10 2A.6 Presentation of Interim Findings to LWAC to be scheduled 2A.7 Coordination Meetings with Property Owners - Lake 7 to be scheduled 2A.8 Presentation of Findings to City Council Regarding Lake 7 to be scheduled Phase 2B. Post Reservoir Analyses 213.1 Coordination with Property Owners - Post Reservoir to be scheduled 213.2 Environmental Literature Review Memorandum for Post Reservoir 10/30/09 213.3 Field Surveys and Data Collection for Post Reservoir - first run 06/30/10 213.3 Field Surveys and Data Collection for Post Reservoir - stress period 09/30/10 W Resolution No. 2009-RO231 Appendix A Data Collection at Sampling Locations A.1 Physical Habitat Assessment The riparian vegetation and physical characteristics at each of the sampling stations will be distinguished by a series of cross sections and associated habitat evaluations. Habitat will be evaluated by collecting stream physical characteristic data at five transects within an established stream reach. Primary, secondary and tertiary attributes for each transect are then averaged for the entire stream reach. Primary attributes deal with instream channel aspects, secondary attributes focus on the structure of the stream and tertiary attributes describe the riparian environment. Instream channel measurements include habitat type, number of riffles, dominant substrate type, percent of substrate composed of gravel, presence or absence of algae and aquatic macrophytes, instream cover types and percentage of each. Stream morphological parameters include channel sinuosity, channel obstructions/modifications, channel flow status, stream width and depth. Features that describe the riparian environment include width of natural vegetative buffer, aesthetics, percentage of riparian vegetation types, bank slope, bank stability, canopy cover and dominant types of riparian vegetation. A.2 Physicochemical Evaluation In situ determinations of water temperature (°C), dissolved oxygen (D.O.) (mg/L), conductivity (µS/cm), and surface pH readings will be obtained concurrent with the biological sampling efforts. Light penetration will be measured in meters with a 20 -cm diameter black -and -white Secchi disc. All field measurements will be collected just before biological data are collected to ensure water quality measurements are not affected by field collection disturbances. A.3 Streamflow Measurements Flow measurements will be taken to determine stream discharge and velocities. AA Benthic Macroinverteb rate Community Concurrent with fish collections, qualitative benthic macroinvertebrate sampling will be conducted at each river location from riffles, pools, and microhabitat areas. Riffle areas with fast currents and cobble and gravel substrates generally provide the most diverse macroinvertebrate community. Since stream substrate may vary between bedrock, boulder, cobble, gravel, sand, and silt, no one established method or sampling device can be used for all sampling. When permitted by waterbody characteristics, the preferred methodology will involve kicknet samples from riffle areas, if present, or vegetative areas using a D -net. Sampling along each stream reach will be conducted in a "zig-zag" pattern from downstream to upstream in order to best represent the longitudinal and cross sectional areas. Dip net samples will be collected by placing the framed net on the streambed facing upstream and using the foot or hand to disturb the bottom substrate allowing dislodged material to flow into the net. A Surber sampler is typically used in 34 Resolution No. 2009-R0231 silt to cobble riffles but cannot be used in boulder substrate. This survey will be consistent with current TCEQ Surface Water Quality Monitoring (SWQM) methods to the maximum extent practical. A.5 Fish Community Fish collection efforts at determined sites will be conducted using the techniques and equipment best suited for sampling that waterbody. Seine and backpack electrofishing are appropriate for smaller, freshwater environments, whereas, boat -mounted electrofishers and gill nets may be required for the larger and deeper pool habitats. Collection by electrofishing may be limited if elevated conductivities are encountered. Regardless of sample equipment utilized, the representative habitats within each reach selected for sampling will be thoroughly sampled and the same level of effort will be expended at each reach location. Fish will be field identified to the lowest practical level (LPTL) and enumerated in the field. Only those specimens, especially minnows and darters, that biologists are unable to identify in the field will be preserved for positive identification. All fish collected will be visually examined for obvious diseases, parasites and other abnormalities. Exhibit B Payment to Engineer 35 Feasibility Evaluation of Lake 7 and Post Reservior Fees & Compensation The following table summarizes the fees required to complete the above scope of work for Phases 1, 2A and 2B (not including Phase 3 or other future phases and services). The Engineer will be compensated on a time and material, not -to -exceed basis on each phase of the contract. The hourly rate schedule is included in this exhibit. Task No. I Task Description Cost Phase 1. Geotechnical Evaluation and Initial Environmental Sampling of Lake 7 1.1 Geotechnical Analyses and Reports for Lake 7 $ 235,140 1.2 Environmental Literature Review for Lake 7 and Post Reservoir $ 28,900 1.3 Field Surveys and Data Collection for Lake 7 $ 99,730 1.4 Coordination Meetings with Property Owners - Lake 7 $ 12,000 Total Phase 1 $ 375,770 Phase:`2. Cont1A6ed Lake T Analysis and -Post Reservoir Environmer #41 Analysis Phase 2A. Lake 7 Analyses 2A.1 Initial Cultural Resource Evaluation for Lake 7 $ 50,256 2A.2 Additional Field Surveys and Data Collection for Lake 7 $ 11,280 2A.3 Aerial Video Survey of North Fork Channel Adjacent to Reservoir Sites $ 20,350 2A.4 Interagency Coordination for Lake 7 $ 83,240 2A.5 Lake 7 Feasibility Analysis and Report $ 173,500 2A.6 Presentation of Interim Findings to LWAC $ 15,000 2A.7 Coordination Meetings with Property Owners - Lake 7 $ 12,000 2A.8 Presentation of Findings to City Council Regarding Lake 7 $ 15,000 Total Phase 2A $ 380,626 Phase 2B. Post Reservoir Analyses 213.1 Coordination with Property Owners - Post Reservoir $ 12,000 26.2 Environmental Literature Review Memorandum for Post Reservoir $ 7,420 213.3 Field Surveys and Data Collection for Post Reservoir $ 232,210 Total Phase 28 $ 251,630 7 77,..,. ..632, 25i Total Reservoir Site Feasibility Evaluations 1 $ 1,008,026 36 Hourly Rate Schedule HDR Engineering, Inc. - Rates are calculated using each employee's unloaded labor rate multiplied by a 3.33 Project Multiplier, and include all hourly charges (computer or technology charges, etc.). The rate ranges shown are current as of June 2009 and are subject to annual adjustment. - Subcontract costs will be invoiced with an additional 5% charge for contract coordination and management. - Other reimbursable expenses will be invoiced at direct cost and include mileage (standard IRS reimbursable rate), lodging, meal expenses, incidentals directly purchased to support project, and copier/plotting costs. 37 Hour Rates HDR Engineering, Inc. Job Titles & Classifications Min. Max. Principal $ 270.00 $ 300.00 Engineers Project Manager (PE) $ 190.00 $ 215.00 Senior Civil Engineer (PE) $ 200.00 $ 240.00 Water Resources Engineer (PE) S 150.00 $ 175.00 Civil Engineer (PE) $ 125.00 $ 150.00 Hydrologist/Civil Engineer (EIT) $ 100.00 $ 125.00 Environmental Scientists / Planners Senior Environmental Scientist $ 165.00 $ 190.00 Environmental Scientist $ 115.00 $ 130.00 Technical / Support Staff GIS Analyst $ 115.00 $ 130.00 Senior CADD Designer $ 125.00 $ 145.00 GIS Technician $ 75.00 $ 115.00 Graphics $ 75.00 $ 95.00 Accountant $ 118.00 1 $ 130.00 Accounting Assistant $ 75.00 $ 95.00 Administrative / Clerical $ 65.00 $ 85.00 - Rates are calculated using each employee's unloaded labor rate multiplied by a 3.33 Project Multiplier, and include all hourly charges (computer or technology charges, etc.). The rate ranges shown are current as of June 2009 and are subject to annual adjustment. - Subcontract costs will be invoiced with an additional 5% charge for contract coordination and management. - Other reimbursable expenses will be invoiced at direct cost and include mileage (standard IRS reimbursable rate), lodging, meal expenses, incidentals directly purchased to support project, and copier/plotting costs. 37 Resolution No. 2009-RO231 ACORDrM CERTIFICATE OF LIABILITY INSURANCE 6/1/2010 1 DATE 6/5/2009nYYY) PRODUCER Lockton Companies, LLC -1 Kansas City 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (816)960-9000 ADD'L PO BOX 200 INSURERS AFFORDING COVERAGE NAIC # INSURED HDR ENGINEERING, INC. INSURER A: Hartford Fire Insurance Company 19682 1047624 ATTN: LOUIS J. PACHMAN INSURER B: Allied World National Assurance Company 10690 8404 INDIAN HILLS DRIVE INSURER C: New Hampshire Insurance Company 23841 OMAHA, NE 68114-4049 INSURER D: The Insurance Company of the State of Pennsylvania 19429 INSURER E: Zurich American Insurance Company 16535 LIMITS IHI ULKIf MAItUr WSUHANULUQts NU I UUNb I I I U It A CUN I HAU I of I wttN 1-1-1— COVERAGES HDRIN01 SA INSURERISI. AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L PO BOX 200 p�IROE�i�[9(]G7474flfX4R}4hA7(IXIRY1i7EX1�4�(N4X11Q�NCCkXIt�XURXJi CX4£t41 POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000 000 DAMAGE TORENTED PREMISES Ea..UIence $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 37CSE UO950 Q 6/1/2009 6/1/2010 CLAIMS MADE F XJ OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO X LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 A X ANY AUTO 37CSEQUO951(AOS) 6/1/2009 6/1/2010 (Ea accident) BODILY INJURY A ALL OWNED AUTOS 37CSEQUO952(HI) 6/1/2009 6/1/2010 (Per person) $ XXXXXXX SCHEDULED AUTOS BODILY INJURY $ XXXXXXX X HIRED AUTOS X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ XXXXXXX (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC $ XXXXXXX ANY AUTO NOT APPLICABLE AUTO ONLY: AGG $ XXXXXXX EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 B X OCCUR F-1 CLAIMS MADE 0012177/001 6/1/2009 6/1/2010 $ XXXXXXX (EXCLUDES PROF. LIAB) UMBRELLA $ XXXXXXX DEDUCTIBLE X FORM $ XXXXXXX RETENTION $ 0 STATUTH- X I TOC,CER C WORKERS COMPENSATION AND 3621195 (AGS) 6/1/2009 7/1/2010 LMTS E.L. EACH ACCIDENT $ 1,000,000 D EMPLOYERS' LIABILITY 3621196 (CA) 6/1/2009 7/1/2010 ANY PROPRIETOR/PARTNER/EXECUTIVE E,L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? NO E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E OTHER EOC9260026-02 6/1/2009 6/1/2010 PER CLAIM: $4,000,000 ARCH & ENG AGGREGATE: $4,000;000 PROFESSIONAL LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: FEASIBILITY EVALUATION OF TWO POTENTIAL RESERVOIR SITES; ENVIRONMENTAL SAMPLING AND ANALYSIS, HYDROLOGY AND EXPLORATORY GEOTECHNICAL INVESTIGATIONS. CITY OF LUBBOCK, TEXAS IS NAMED AS ADDITIONAL INSURED WITH RESPECT TO THE AUTOMOBILE LIABILITY AND COMMERCIAL GENERAL LIABILITY AS PER WRITTEN CONTRACT, ON A PRIMARY, NON-CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES WHERE APPLICABLE BY LAW. CFRTIFICATF Him nFR CANCELLATION 10559168 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF LUBBOCK, TEXAS DATE THEREOF, THE ISSUING INSURER WILLXKXXV03tX1XMAIL 30 DAYS WRITTEN ATTN: BRANDY BASS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,1jW)F7QY17I CX0:CC0M)$)4xx PO BOX 200 p�IROE�i�[9(]G7474flfX4R}4hA7(IXIRY1i7EX1�4�(N4X11Q�NCCkXIt�XURXJi CX4£t41 LUBBOCK TX 79457 4tk3FJ(B$Xt74ii1i. AUTHOR PRESENTATIVE ACORD 25 (2001/08) Forquestions regarding this certificate, contactthe numberlisted in the 'Producer' section above and specifythecliedill'IIERINgt'. ©ACORD CORPORATION 1988