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HomeMy WebLinkAboutResolution - 2009-R0238 - Agreement - HDR Engineering Inc. - 06/23/2009Resolution No. 2009-RO238 June 23, 2009 Item No. 5.10 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 ,cted to execute for and on behalf of the City of Lubbock, a Professional Services reement (Contract No. 9042) between the City of Lubbock and HDR Engineering, Inc., I related documents (RFQ-09-704-BM). Said Professional Services Agreement is Eched hereto and incorporated in this Resolution as if fully set forth herein and shall be luded in the minutes of the Council. sed by the City Council this 23rd day of June 2009. TOM MARTIN, MAYOR TTEST: Garza, AS TO CONTENT: Tomas Adams`, Deputy City Manager Q�c &4'V1 1� �-- gs/Agr ntt-Professional Servs-HDR Eng Contract No 9042.res 6.5.2009 Resolution No. 2009-Ro238 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") for Existing Reservoir Evaluations, resultant to RFQ-09-704-BM (Contract No. 9042), is entered into this 23rd day of .lune 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, constructing and inspecting 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 1 authority to authorize the Additional Services to the Director of Water Utilities, or his 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 July 1, 2009 upon issuance to proceed from City. In the event such notice shall occur after July 1, 2009, the time for performance by Engineer for such tasks shall be extended the same amount of days as such notice occurs subsequent to July 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. 1.03 Engineer shall perform only work related to the Phase I (Hydrologic & Hydraulic Evaluations of Existing Dams), 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 1 of the fiscal year in which the payment becomes overdue, the rate in effect on September 1 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 4 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. W ARTICLE V Insurance/Indemnity 5.01 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 Liability: Combined Single Limit for any auto: C7 $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 VTI 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 8 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. 0 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 ATTEST: HDR ENGINEERING, INC. Y J ATl, tENIOR VICE PRESIDENT CITY OF LUBBOCK TOM MARTIN, MAYOR Reber a Garza, City Secretary TO CONTENT: Adams, Deputy City Manager Aubrey Spea;, -pfrect& of Water Utilities 13 Resolution No. 2009-RO238 Exhibit A Scope of Services Preliminary Engineering Evaluations of McMillan & Ransom Canyon Dams 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 current conditions of McMillan Dam and Ransom Canyon Dam. Background McMillan Darn forms Buffalo Springs Lake, and is controlled and operated by Lubbock County Water Control District (LCWCD) No. 1. The dam was constructed in the 1950s and is used as to impound water along the North Fork of the Double Mountain Fork of the Brazos River (North Fork) for recreational purposes. Lake Ransom Canyon Dam is located immediately downstream of McMillan Dam and was constructed in 1964 as a recreational lake. Over the past few decades, runoff into the North Fork upstream of these lakes has been impacted with the urbanization of Lubbock County, the development of City playa lake drainage systems and the development of State Highway drainage systems. As a result of urbanization and rainfall patterns, the intensity and length of time at which water moves through the North Fork during rainfall events needs to be documented. In addition, the City of Lubbock desires to discharge treated wastewater upstream of these dams from an average flow of 2 mgd from the Lubbock Land Application Site (LLAS) Groundwater to an average flow of 20 mgd from the combined flows of 2 mgd (LLAS) and 18 mgd from the discharge of treated wastewater effluent. As a result of these changes, the City of Lubbock desires to evaluate the current conditions of these two dams based on the current and future flow conditions of the North Fork. Organization of Scope of Work The basic tasks necessary to conduct an evaluation of both McMillan Dam (Buffalo Springs Lake) and Ransom Canyon Dam (Lake Ransom Canyon) are outlined below. Additional 14 tasks may be necessary following the inspections and initial assessments. This additional work is presented below in the Potential Additional Detailed Investigations section. For instance, the need for conceptual -level plans to modify the darns and/or spillways is unknown until the flood hydrology and hydraulic models are developed and assessments are made as to the existing hydraulic adequacy of each dam. This project is organized into two phases, based upon the projected availability of budgeted funds. Phase 1— Hydrologic and Hydraulic Evaluations of Existing Dams • Existing and Future Conditions Hydrology • Hydraulic Evaluations of Dams • Brazos River Hydraulic Modeling in Support of EPA Grant Project • Recommendations for Ingress and Egress from Ransom Canyon During Flood Events Phase 2 — Physical Inspections of McMillan Dam and Ransom Canyon Dam • Physical Inspections of both Dams • Inspection of McMillan Dam Bridge • Dam Safety Reports • Findings Presented to District Board and Ransom Canyon Council 15 Resolution No. 2009-RO238 Phase 1 Hydrologic and Hydraulic Evaluations of Existing Dams Task 1.1 Review of Existing Information and Meetings with Dam Owners a. Review existing information for McMillan and Ransom Canyon Dams. This will include, but not necessarily be limited to, original construction plans and specifications, engineering reports, modification and repair plans, dam inspection reports on file at the Texas Commission on Environmental Quality (TCEQ), correspondence between the dam owners and the TCEQ, correspondence between the dam owners and the City of Lubbock (City), operation and maintenance records, and photographs. b. Meet with representatives of the City and the dam owners (Lubbock County WCID and City of Ransom Canyon) to discuss the scope of services, inspection procedures, and identify areas of concern that may not be included in past dam inspection reports. c. Prepare for and make presentations to Lubbock County WCID Board and City of Ransom Canyon City Council members concerning the inspection and evaluation of their respective dams, prior to the on-site inspections. Task 1.2 Existing and Future Conditions Hydrology and Hydraulic Analyses a. Develop existing conditions H&H model of the watersheds for McMillan and Ransom Canyon Dams. The January 2007 TCEQ "Hydrologic & Hydraulic Guidelines for Dams in Texas" document will form the basis of the H&H model development. The U.S. Army Corps of Engineers HEC -1 or HEC -HMS computer models will be utilized to determine peak inflows to the lakes and outflows from each dam for the 10-, 100-, and 500 -year flood events and the probable maximum flood (PMF) event. Stage -storage relationships for the lakes will be computed using USGS 1:24,000 scale topographic maps, unless more updated mapping is available. Discharge ratings for the spillways will be developed using elevation and dimension information obtained during the inspections. As part of the field investigations, engineers involved with development of the hydrologic model will travel the watershed to observe existing land use conditions, and will also meet with the City to review existing storm water control facilities that may need to be considered during development of the H&H model. A second existing conditions model will also be developed that considers the the possible addition of Lake No. 7 upstream of Buffalo Springs Lake. This model will be used to determine the inflow reductions to Buffalo Springs Lake resulting from the flood storage provided by the proposed Lake No. 7 for various frequency flood events. b. Develop a future conditions H&H model of the watersheds for McMillan and. Ransom Canyon Dams that takes into account future land uses projected for the Lubbock area, and accounts for potential future discharges of playa lakes into the 16 North Fork. Coordinate with City of Lubbock watershed engineering staff to identify and select the future runoff conditions of the watershed area within the City of Lubbock. This model will be used to determine the impacts of increased runoff potential from the City of Lubbock on inflows to Buffalo Springs Lake and Lake Ransom Canyon. These conditions will be considered both with and without the proposed Lake No. 7. c. Evaluate the hydraulic adequacy of each dam and its appurtenant structures with respect to passing current base flow conditions (2 mgd from LLAS) and the planned future base flow conditions (20 mgd from LLAS and effluent discharge) of the North Fork above the dams. This information will be provided to the project team involved with a similar evaluation pursuant to an ongoing grant study funded by the Environmental Protection Agency. d. Evaluate the total hydraulic adequacy of each dam with respect to the revised (11112009) TCEQ hydrologic criteria for existing dams to determine if modifications will be necessary to safely pass the required inflow design flood at each dam. e. Prepare a brief summary technical memorandum to be provided to the EPA grant study regarding the hydraulic characteristics of the outlet structures and spillways of McMillan Darn and Lake Ransom Canyon Dam. This task will provide additional information to the EPA grant study regarding the hydraulic adequacy of the outlet structures and spillways of McMillan Dam and Lake Ransom Canyon Darn. Task 1.3 Comprehensive H&H Report a. Prepare a singular, comprehensive report for the flood hydrology and hydraulic modeling of the watershed and lake system (H&H Report) that covers the inflow to Buffalo Springs Lake, outflow from McMillan Dam combined with other inflow to Lake Ransom Canyon, and outflow from Ransom Canyon Darn. This report will detail the various methodologies used for computing rainfall distribution, initial losses and infiltration, unit hydrograph development, and flow routings. The stage -storage relationships for each lake, as well as the stage - discharge ratings for the spillways will be presented in tabular and graphical format. Inflow and outflow hydrographs will be prepared for each lake for the 10-, 100-, and 500 -year flood events and the PMF event. The affect of building Lake No. 7 upstream of Buffalo Springs Lake will also be illustrated for these flood events. b. Submit draft H&H Report to TCEQ Dam Safety for review and comment. Since the H&H Report will form the basis for assessing future work, whether it is the addition of Lake No. 7 or modifications to the existing dams, the review and approval of the H&H modeling work by TCEQ Dam Safety is highly 17 recommended to avoid "surprises" if or when future work is submitted to them for approval. "bask 1.4 Develop recommendations for improving ingress and egress to properties on the south side of Lake Ransom Canyon during times when the existing road across the dam crest (spillway) is flooded. Meet with officials from the City of Ransom Canyon and the City of Lubbock to discuss alternatives, and prepare a final technical memorandum summarizing the recommendations developed. Summary of Deliverables — Phase 1 1. Initial presentations to Lubbock County WCID and City of Ransom Canyon 2. Comprehensive flood hydrology report (one report for both dams) 3. Brief technical memorandum to be provided to EPA grant study 4. Technical Memorandum summarizing recommendations for ingress and egress from properties on the south side of Lake Ransom Canyon 18 Resolution No. 2009-R0238 Phase 2 Physical Inspections of McMillan & Ransom Canyon Dams Task 2.1 Conduct visual, on -the -ground inspections of McMillan and Ransom Canyon Dams and their appurtenant structures. Inspections will be documented using high-resolution digital photography. Basic survey equipment will be used to: a) obtain key elevations relative to a local benchmark for use in hydrologic and hydraulic (H&H) model development, and b) verify dimensions of key structures for each dam. Evaluate erosion and scouring which may be occurring on/around the spillways and embankments. jNote; Dewatering and pumping of the spillway plunge pool at McMillan Dam prior to the inspection will be required to evaluate possible undermining of the stilling basin slab and other conditions. The City will provide a crew to pump and dewater the spillway plunge pool to facilitate inspection.] Task 2.2 Assess seepage occurring at each dam and develop recommendations to control and monitor the seepage. Task 2.3 Conduct inspection of gates and operational controls at McMillan Dam low -flow intake structure. Task 2.4 Conduct inspection of bridge over spillway at McMillan Dam. Task 2.5 Immediately following the inspections, inform the City and dam owner(s) verbally, and then in writing, of any conditions that pose an immediate threat to the safety of the dam(s) and the public. Task 2.6 McMillan Dam Report a. Prepare a comprehensive report to present and summarize the findings of the inspections for McMillan Dam. The report will include a discussion on the history of the dam and other background information leading up to the current inspection. Inspection photographs will be tied to a key map that illustrates the location and direction of each photograph included in the report. Original construction plans and repair plans, if available, will be included in an appendix to the report for convenient reference. The report will contain recommendations for: a) additional investigations to further evaluate the dam, as deemed necessary (see below Scope of Services — Potential Additional Detailed Investigations); b) immediate or emergency repairs at the dam; and c) long-term repairs at the dam. Current operations and maintenance procedures at the dam will be evaluated, and recommendations will be made if changes are deemed necessary. b. Submit three (3) draft copies (hard print) of the report to the City and TCEQ for review and comment. 19 c. Finalize the report within two weeks of receipt of comments from the City and TCEQ. Task 2.7 Ransom Canyon Dam Report a. Prepare a comprehensive report to present and summarize the findings of the inspections for Ransom Canyon Dam. The report will include a discussion on the history of the dam and other background information leading up to the current inspection. Inspection photographs will be tied to a key map that illustrates the location and direction of each photograph included in the report. Original construction plans and repair puns, if available, will be included in an appendix to the report for convenient reference. The report will contain recommendations for; a) additional investigations to further evaluate the dam, as deemed necessary (see below Scope of Services – Potential Additional Detailed Investigations); b) immediate or emergency repairs at the dam; and c) long-term repairs at the dam. Current operations and maintenance procedures at the dam will be evaluated, and recommendations will be made if changes are deemed necessary. b. Submit three (3) draft copies (hard print) of the report to the City and TCEQ for review and comment. c. Finalize the report within two weeks of receipt of comments from the City and TCEQ. Task 2.8 Present findings of existing dam evaluations at meetings of the Lubbock County WCID Board and the City of Ransom Canyon City Council. Task 2.9 Final Reports a. Submit five (5) final copies of reports in hard print and one (1) portable document format (PDF) file of each report to the City. Submit one final hard copy and one PDF file, each, to the Lubbock County WCID and the City of Ransom Canyon. b. Submit one (1) copy of each final report in hard print to the TCEQ Dam Safety Program on behalf of the dam owners. Summary of Deliverables — Phase 2 1. Initial assessment of immediate threats to safety 2. Physical inspection report for McMillan Dam 3. Physical inspection report for Lake Ransom Canyon Dam FA Additional Services and Detailed Investigations These services are not provided for in the scope of this contract. The necessity and extent of certain tasks are best determined after the initial dam inspections and hydrologic and hydraulic analyses. A preliminary list of potential additional detailed investigations is provided below. 1. Conduct visual inspection of outlet works conduit using a remote-controlled video device inserted at downstream end. 2. Conduct underwater inspection of intake structure at McMillan Dam. 3. Perform geotechnical field investigations and laboratory testing. 4. Perform stability analyses of existing conditions and with proposed seepage control and stability enhancements, such as the installation of a weighted filter berm on the downstream slope. 5. Determine the need for, and types of, instrumentation to monitor the long-term performance of each dam. This could be coordinated with any geotechnical investigations that may be deemed necessary. b. Develop conceptual -level plans and cost estimates for dam and spillway modifications, if necessary, to allow the dams to safely pass the required inflow design flood. 7. Develop conceptual -level plans and costs estimates to repair, replace, or decommission the intake structure and outlet conduit at McMillan Daze. S. Emergency action plans can be developed for both Ransom Canyon Dam and McMillan Dam, in coordination with the City of Ransom Canyon and the LCWCD No. 1. 21 Project Schedule The following dates are milestones by which specific tasks are planned to be completed. Task Completion No. Task Description Date Phase 1. H drolo is and Hydraulic Evaluations of Existing Dams 1.1 Review of Existing Information and Meetings with Dam Owners 07131/09 1.2 Existing and Future Conditions Hydrology and Hydraulic Analyses 10/02/09 1.3 Comprehensive H&H Report 11/06/09 1.4 Recommendations for Ransom Canyon Ingress and Egress 10102/09 Phase 2. Physical Inspections of McMillan Dam and Ransom Canyon Dam 2.1 Physical Inspections of Dams 10130/09 2.2 Assess Seepage 11113/09 2.3 Inspect Gages/Controls at McMillan Dam Intake 10/30109 2.4 Inspect McMillan Dam Bridge 10/30/09 2.5 Inform of Immediate Threats 11/13/09 2.6 McMillan Dam Report 01/15110 2.7 Ransom Canyon Darn Report 02/12/10 2.8 Present Findings to District Board and Ransom Canyon Council 03/12/09 2.9 Final Reports 04/09/10 ')I Resolution No. 2009—RO238 Exhibit B Payment to Engineer Preliminary Engineering Evaluations of McMillan & Ransom Canyon Dams Fees & Compensation The following table summarizes the fees required to complete the above scope of work for Phases I and 2 (not including additional phases or 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. Task Description Cost Phase 1. H drollogic and Hydraulic Evaluations of Existing Dams 1.1 Review of Existing Information and Meetings with Dam Owners $ 22,470 1.2 Existing and Future Conditions Hydrology and Hydraulic Analyses $ 60,980 1.3 Comprehensive H&H Report $ 24,210 1.4 Recommendations for Ransom Canyon Ingress and Egress $ 15,020 Total Phase 1 $ 122,680 all" 00*6 McMillan 2.1 Physical Inspections of Dams $ 21,620 2.2 Assess Seepage $ 2,840 2.3 Inspect Gages/Controls at McMillan Dam Intake $ 1,410 2.4 Inspect McMillan Dam Bridge $ 8.370 2.5 Inform of Immediate Threats $ 1,420 2.6 McMillan Dam Report $ 22,570 2.7 Ransom Canyon Dam Report $ 22,570 2.8 Present Findings to District Board and Ransom Canyon Council $ 21,790 2.9 Final Reports $ 12,280 'e Tbt6tPh4S2 114'870, I Total Existing Dam Safety Evaluations 1 $ �7, 5 �5O 23 Hourly Rate Schedule HDR Engineering, Inc. HDR Engineering, Inc. Job Titles & Classifications Hourly Rates Min. Max. Principal S 270.00 S ;00.00 Engineers Project Manager (PE) $ 190.00 $ 215.00 Senior Civil Engineer (PE) $ 200.00 $ 240.00 Water Resources Engineer (PE) $ 150.00 $ 175.00 Civil Engineer (PE) $ 125.00 S 150.00 Hydrotogist'Civil Engineer (EIT) S 100.00 S 125.00 Environmental Scientists / Planners Senior Environmental Scientist $ 165.00 $ 190.00 Environmental Scientist S 115-00 $ 130.00 Technical / Support Staff GIS Analyst S 115.00 $ 1.30.00 Senior CADD Designer $ 125.00 S 145.00 GIS Technician $ 75.00 S 115.00 Graphics $ 75.00 S 95.00 Accountant $ 118.00 S 130.00 Accounting Assistant $ 75.00 S 95.00 Administrative /Clerical $ 65.00 S 85.00 Notes 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. 24 ACORD. CERTIFICATE OF LIABILITY INSURANCE 6/1/2010 DATE (MMIDDIYYYY) 5/29/2009 PRODUCER Lockton Companies, LLC -1 Kansas City 444 W. 47th Street, Suite 900 Kansas Cq MO 64112-1906 (816) 960-9000 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. INSURERS AFFORDING COVERAGE NAIC # INSURED HDR ENGINEERING, INC. 1013472 8404 INDIAN HILLS DRIVE OMAHA NE 68114-4049 INSURER A. Hartford Fire Insurance Company 19682 INSURER B : Allied World National Assurance Company 10690 INSURER C. New Hampshire Insurance Company 23841 INSURER D . The Insurance Company of the State of Pennsylvania 19429 INSURER E. Zurich American Insurance Company 16535 rnVFRA[.FC HDRIN01 SA iirfi� i;ERTiriCAT sur mauRAivC;e u0ca nut CCRY3RRRVI C n a uiir oc,r .Rnc,aaumv ncCcuTarnlc no .112-1C12 Aun rue 1-c OTICId`AYC RJAI r1C0 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 LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE IMMIDD/YY) ' LIMITS AUTHORIZED REPRESE E GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED occurence PR MI E $ 1,000,000 Ea A X COMMERCIAL GENERAL LIABILITY 37CSEQUO950 6/1/2009 6/1/2010 _ MED EXP (Any one person) $ 10,000 CLAIMS MADE ® OCCUR PERSONAL & ADV INJURY $ 1,000,000 X Contractual Liab. GENERAL AGGREGATE $ 2,000,000 KE'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 21000,000 PRO - POLICY X I JECT X LOC A A AUTOMOBILE LIABILITY X ANY AUTO 37CSEQUO951 (AOS) 37CSEQUO952 (HI) 6/1/2009 6/1/2009 6/1/2010 6/1/2010 COMBINED SINGLE LIMIT $ 2,000 000 (Eaaccldent) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ XXXXXXX (Per person) BODILY INJURY $ XXXXXXX (Per accident) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ XXX�CXXX (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXX.XX ANY AUTO NOT APPLICABLE OTHER THAN FA ACC $ XXXXXXX AUTO ONLY: AGG S XXXXXXX B EXCESSIUMBRELLA LIABILITY X OCCUR ® CLAIMS MADE UMBRELLA C XCLU/001 {EXCLUDES PROF. L[AB) 6/1/2009 6/1/2010 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ XXX.XXXX $ XXXXXXX DEDUCTIBLE F FORM $ XXXXXXX X RETENTION $ 0 C WORKERS COMPENSATION AND 3621195 (AOS) 6/If2009 7/1/2010 X 7TH- CSTATT O£R E.L EACH ACCIDENT S D EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTN€RIEXECUTIVE OFFICERIMEMSER EXCLUDED? 3621196 (CA) 6/1/2009 7/112010],[)00,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 II yes, dewnbe under*j SPECIAL PROVISIONS below `` o n E,L. DISEASE -POLICY LIMIT $ 1,000,000 0 E OTHER ARCHS & ENGS EOC9260026-02 6/1/2009 6/112010 PER CLAIM 51-00-000 AGG $1,000,000 1.0©0000PROFESSIONAL PROFESSIONAL LIABILITY DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: LONG-RANGE WATER SUPPLY PLANNING, ACQUIRING WATER RIGHT PERMITS AND NEGOTIATING WATER SUPPLY AGREEMENTS. THE CITY OF LUBBOCK ARE NAMED AS ADDITIONAL INSURED ON GENERAL AND AUTOMOBILE LIABILITY AS PER WRITTEN CONTRACT. ON A PRIMARY. NON-CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES WHERE APPLICABLE BY LAW. (,r_wrirlrATF 4InI nFR CANCFLLATIOiN IM55U9J IM6986J IM1U651J 3997680 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF LUBBOCK DATE THEREOF, THE ISSUING INSURER WILL W)(%)gagX( MAIL 30 DAYS WRITTEN ATTN: BRANDY BASS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Jam{ jA{j WX XX00)6KdX(K PO BOX 200(] G9i�4p1]C9X1BK]OLICKIi?4�In'Q}Qa194)ia41E?1+5]N8rE1K(}IiS1XR LUBBOCK TX 79457 AUTHORIZED REPRESE E ACORD 25 (2001108) For questions regarding this csnificatt, contact the number listed in the'Producee section above and specify the client codepbR#11'. V ACORD CORPORATION 1988 VUr_iCY NUMBER: 37CSEQUO950 HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT - OPTION II This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Blanket coverage as required by written contract. 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 above with whom you agreed in a written contract or written agreement to provide insurance such as is afforded under this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by: 1. Your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations for such additional insured at the project(s) or location(s) designated in the Schedule; b. In connection with your premises owned by or rented to you and shown in the Schedule; or c. In connection with "your work" for the additional insured at the project(s) or location(s) designated in the Schedule and included within the "products -completed operations hazard", but only if: (1). The written contract or agreement requires you to provide such coverage to such additional insured at the project(s) or location(s) designated in the Schedule; and (2). This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". 2. The acts or omissions of the additional insured in connection with their general supervision of your operations at the projects or locations designated in the Schedule. B. The insurance afforded to these additional insureds applies only: 1. If the "occurrence" or offense takes place subsequent to the execution of such written contract or written agreement; and 2. White such written contract or written agreement is in force, or until the end of the "policy period", whichever is earlier. C. With respect to the insurance afforded to these additional insureds under this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional architectural, engineering or surveying services by or for you, including: 1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; and 2. Supervisory, inspection, architectural or engineering activities. Miscellaneous Attachment: M5509 Certificate ID : 3997680 D. How Limits Apply To Additional Insureds The most we will pay on behalf of the additional insured shown in the Schedule is the lesser of: 1. The limits of insurance specified in the written contract or written agreement; or 2. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. E. Duties Of Additional Insureds In The Event Of Occurrence, Offense, Claim Or Suit The Duties Condition in Section IV - Conditions is replaced by the following and applies to the additional insured shown in the Schedule: 1. Notice Of Occurrence Or Offense The additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: a. How, when and where the "occurrence" or offense took place; b. The names and addresses of any injured persons and witnesses; and c. The nature and location of any injury or damage arising out of the "occurrence" or offense. 2. Notice Of Claim If a claim is made or "suit" is brought against the additional insured, the additional insured must: a. Immediately record the specifics of the claim or "suit" and the date received; and b. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. 3. Assistance And Cooperation Of The Insured The additional insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. Obligations At The Additional Insureds Own Cast No additional insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 5. Additional Insureds Other Insurance It we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to the additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. 6. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs 1. and 2. applies to the additional insured only when such "occurrence", offense, claim or "suit" is known to: a. The additional insured that is an individual; b. Any partner, if the additional insured is a partnership; c. Any manager, if the additional insured is a limited liability company; d. Any "executive officer" or insurance manager, if the additional insured is a corporation; e. Any trustee, if the additional insured is a trust; or f. Any elected or appointed official, it the additional insured is a political subdivision or public entity. F. Other insurance With respect to insurance provided to the additional insured shown in the Schedule, the Other Insurance Condition Section IV - Conditions is replaced by the following: 1. Primary Insurance Miscellaneous Attachment: M5509 Certificate ID : 3997680 a. Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in 3. below. b. Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs a. and b. do not apply to other insurance to which the additional insured has been added as an additional insured or to other insurance described in paragraph 2. below. 2. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: a. Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; b. Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; c. Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner, d. Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; e. Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; or f. When You Are Added As An Additional Insured To Other Insurance That is any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay_ only our share of the amount of the loss, it any, that exceeds the sum of: a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and b. The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. It any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Miscellaneous Attachment: M5509 Certificate ID: 3997680 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. Miscellaneous Attachment : M6986 Certificate ID : 3997680