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HomeMy WebLinkAboutResolution - 2005-R0546 - Agreement - HDR Engineering Inc.- Engineering Services - 11/18/2005Resolution No. 2005-RO546 November 18, 2005 Item 5.6 RESOLUTION BE 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 by and between the City of Lubbock and HDR Engineering, Inc. and all related documents. 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 18th day of ATTEST: } Rebecca Garza, City Secretary APPROVED AS TO CONTENT:. Chester Carthel, P.E., Chief Engineer APPROVED AS TO FORM: 'Innc w Richard K. Casner, First Assista t City Attorney ml/ccdocs/HDR-Prof. Services Agree.res November 7, 2005 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 18`h day of November, 2005, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and HDR Engineering, Inc. (the "Engineer"), a professional services company. WITNESSETH WHEREAS, Engineer has skill and experience in the analysis and modeling of water rights (the "Plan"); WHEREAS, the City desires to contract with Engineer to perform services related to preparation of the Plan 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", attached hereto (the "Services") ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article I shall be on a lump sum basis. The lump sum due and payable to Engineer shall be $157,500. This amount shall be invoiced to the City on a monthly basis based upon percent complete of each task. Each invoice shall be payable by the City within thirty (30) days of receipt of same. 2.02 This Agreement shall expire on June 30, 2007. 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. 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 and Engineer hereby warrants to the City that the Services shall be so performed. Further, Engineer is and shall be 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 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, industrial acts, labor, personal injury or taxes of any kind. N 4.01 ARTICLE IV Events of Default/Remedies a. City's Defaults/Enuineer'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 delivered to 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 delivered to Engineer, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. ARTICLE V Insurance/Indemnity 5.01 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. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, commercial general liability and automobile liability coverage -3- with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of ANN or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Professional Liability: Combined Single Limit: General Liability: Combined Single Limit: Automobile Liability: Combined Single Limit for any auto $500,000 Per Claim $500,000 Per Occurrence $500,000 Per Occurrence The City shall be listed as a primary additional insured with respect to the Automobile Liability and shall be granted a waiver of subrogation under the policies. Engineer will provide a Certificate of Insurance to the City as evidence of coverage on or before three (3) days after the City executes this Agreement. The Certificate will 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, or the policy shall provide for automatic additional insured status and waiver of subrogation if required by contract. 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 4- 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. 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, and including reasonable attorney's fees, as a result of, related to, arising from, or related to Engineer's use or occupation of City owned lands, and/or to the extent of Engineer's negligent activities, performances, operations or omissions under this Agreement. ARTICLE VI Miscellaneous 6.01 Engineer shall comply with all laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein. 6.02 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 -5- facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For City: Chester Carthel, Water Planning Engineer City of Lubbock P.Q. Box 2000 Lubbock, Texas 79457 Facsimile: 806-775-2051 For Engineer: David D. Dunn, P.E. Vice President HDR Engineering, Inc. 4401 West Gate Blvd., Suite 400 Austin, TX 78745 Facsimile: 512-912-5058 6.03 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, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 6.04 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. 6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. 6.06 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 of 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. 6.07 Any and all documents (other than for the design of any facility or building) 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. 6.08 A waiver by either City or Engineer of a breach of this Agreement shall be in writing. 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. 6.09 Neither City nor Engineer may assign 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- 6.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. 6.11 City will provide all criteria and information pertaining to the Services in City's possession, and any requirements or budgetary limitations. Except as limited below, the City agrees to bear full responsibility for the technical accuracy and content of City -furnished documents, information and services. Unless notified in writing by the City to the contrary, Engineer shall only be entitled to rely on the information provided by the City as follows: (i) Volumes of stormwater generated and discharged to the North Fork due to operation of the City's stormwater system, as described in Exhibit A, Task IA. (ii) Locations (latitude and longitude) of key stormwater discharge locations of the City's stormwater system. (iii) Locations (latitude and longitude) of the proposed dam centerlines for Lake 7 and Lake 8. (iv) Estimates of current and future return flows from the City's current reuse application submitted to the TCEQ. (v) Locations (latitude and longitude) of the City's wastewater discharge locations. (vi) Water quality data, including NPDES monitoring data (if available) and wastewater treatment plant discharge monitoring data collected and maintained by the City. (vii) Location (latitude and longitude) of the City's proposed diversion location for the scalping operation. 6.12 None of the documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Engineer pursuant to this -8- Agreement, are intended or represented to be suitable for reuse by City or others on extensions of the Services or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Engineer. 6.13 In the event Engineer is required by law to respond to a subpoena, government inquiry or other legal process directly related to the Services in connection with a legal or dispute resolution proceeding to which the City is a party and to which Engineer is not a party, City shall reimburse Engineer for reasonable costs in responding and compensate Engineer at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. 92 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. Engineer: HDR ENGINEERING, INC. By: Name: James K. "Ken" Haney, P.E. Title: Executive Vice President CITY OFjjLUBBQCK 4i��q ARC MCDOUGAL, MAYOR ATTEST: IVA Rebecca Garza, City Secretary APPROVED AS TO CONTENT: l Chester Carthel Water Planning Engineer APPROVED AS TO F Richard K. Casner, First Assistant City Attorney -10- Exhibit A: Scope of Work Water Rights Permitting Support for the City of Lubbock HDR Engineering, Inc. November 15, 2005 Project Background The City of Lubbock, Texas has begun securing additional water rights and bed -and - banks transfer permits to augment the City's existing water supplies. The City has filed a bed -and -banks permit application with the Texas Commission on Environmental Quality (TCEQ) to utilize "developed" water that is available as a result of the City's storm water system creating flows in the North Fork of the Double Mountain Fork of the Brazos River (North Fork) that would have otherwise been captured by playa lakes and lost through evaporation or percolation into the ground. This developed water and additional unappropriated flows would be captured in, and diverted from, two proposed reservoirs of the Jim Bertram Lake System Expansion, Lake 7 and Lake 8. In addition, the City is investigating obtaining a new appropriative water rights permit to divert flows from the North Fork into Lake Alan Henry when flows in the river are higher than normal. This type of water right is typically referred to as a "scalping" permit. Both initiatives will require coordination with the Brazos River Authority (BRA) regarding their effects on the BRA's water rights in Possum Kingdom Reservoir and the BRA's proposed system operations permit. TCEQ Brazos Water Availability Model The TCEQ has developed water availability models (WAMs) for each river basin in Texas. These models utilize the Water Rights Analysis Package (WRAP) model developed at Texas A&M University and input data files developed specifically for each river basin to compute water availability to existing and proposed water rights under the doctrine of prior appropriation. The Brazos River Basin WAM (SWAM) includes a period of record from 1940-1997, and simulates water available to each of the roughly 1,300 water rights in the basin on a monthly basis. Several different versions of the BWAM have been developed by the TCEQ that reflect differing assumptions regarding use of water rights, return flows and reservoir sedimentation conditions. The TCEQ currently uses Run 3 of the BWAM to determine water available to existing and potential water rights. Basic assumptions in Run 3 include full utilization of all perpetual water rights, no term permits, zero return flows (no discharge of treated wastewater effluent), and as -permitted reservoir storage capacities. In addition, permitted diversions from BRA reservoirs are diverted lakeside; BRA contractual commitments are not modeled at their actual diversion locations. HDR Engineering, Inc. 1 of 9 November 15, 2005 Exhibit A Uncertainties Defining and treating stormwater as "developed" water is a novel approach. To our knowledge, no other water right applicant has approached the TCEQ with such a request. The results of any action by the TCEQ regarding this application could have statewide implications for municipalities seeking additional surface water rights, and TCEQ staff is certain to scrutinize the underlying hydrology very closely. As such, we cannot provide a prediction as to how TCEQ staff and commissioners will react to this application. The ultimate success of this effort will lie largely with being able to convince TCEQ staff of the validity of the City's claim to its stormwater as "developed" water. Several levels of analysis of differing complexity could be used to determine the quantity of water available. The simplest is to assume that the majority of the stormwater discharged by the City to the North Fork would not have been discharged, save for the City's development of its stormwater system. This is the approach assumed here, which does not attempt to quantitatively determine historical time series of "before and after" volumes of water discharged, where "before" is a baseline natural condition existing prior to the existence of Lubbock's stormwater system and "after" is the volumes discharged over the period of record by the stormwater system as it developed over time. Additional hydrologic analyses beyond those identified in the following scope of work could very likely be required by the TCEQ in order for the agency to grant the City's request. Eased upon discussions with City staff and the City's outside legal counsel, HDR has identified the following scope of work pursuant to the City's stated goals. Scope of Work Task 1. Estimate Developed Water and Unappropriated Water Potentially Available from the North Fork at Lakes 7 and 8 (Jim Bertram Lake System Expansion). I.A. Developed Water Availability. The City will provide to HDR estimates of water generated and discharged to the North Fork due to the operation of the City's stormwater system. It is HDR's understanding that these estimates will be developed by another consultant to the City. These estimates will include total storm runoff volumes and peak discharges for the 2-, 5-, 10-, 25-, 50-, and 100 -year 24-hour design storms. The City will provide these volumes on two bases: 1. All flows from the City's stormwater system that reach the North Fork, and 2. Those flows discharged from the City's stormwater system that would not have reached the North Fork but for the development of the City and the City's stormwater system. The City will provide the location (latitude and longitude) of each discharge location, and of Lakes 7 and $. With parameters from the Brazos WAM, HDR will estimate channel HDR Engineering, Inc. 2 of 9 November 15, 2005 Exhibit A losses between defined stormwater outfalls and Lakes 7 and 8, and the portion of the water generated by the City's stormwater system that could be captured by the proposed darns. For both of the stormwater volume bases identified above, HDR will integrate the storm volume -recurrence interval relationship to determine the mean annual storm volume resulting from the annual peak storm event. HDR will input this quantity as a water right in the Brazos WAM with senior priority, and determine the quantity of water available as an interruptible supply assuming the water can be considered as "developed" (assigned no priority). HDR will repeat that analysis using the 100 -year storm volume to estimate a maximum annual availability of developed water. Note that utilizing annual peak storm event hydrology does not account for runoff volumes from storm events less than the annual peak event or volumes from those storm events having recurrence intervals of less than 2 years. The result of the analyses will be volumes of water available assuming, alternatively, that 1. all stormwater discharged by the City is developed water, and 2. only that stormwater discharged that would not have been without the City's stormwater system can be considered as developed water. All analyses will incorporate instream flow requirements that will likely apply to the permit. These intream flow requirements will be estimated by HDR using both the Modified Lyons Method, which is the current methodology employed by TCEQ, and the Consensus Criteria for Environmental Flow Needs (CCEFN), which has been adopted for use by the Texas Water Development Board for use in regional water planning and has been utilized by the TCEQ for some recent permits. I.B. Unappropriated Water Availability. HDR will utilize the Brazos WAM to determine the quantities of unappropriated flows available at Lake 7 and Lake 8, assuming the diversions are a new appropriation with junior priority. As the Brazos WAM streamflow data inherently include flows generated from the City's stormwater system, positive differences in water availability between these flows and those identified in Task LA as "developed" water (Task LB minus Task LA) represent additional flows potentially available for appropriation on an interruptible basis. HDR will summarize developed and interruptible flows identified in Tasks LA and LB with statistical and graphical summaries. 1.C. Determine Firm and Safe Yields of Lakes 7 and 8. HDR will utilize available digital topography of the Lake 7 and Lake 8 sites to determine the elevation -area -capacity relationship of both proposed reservoirs. HDR will utilize these data to determine the firm and safe yields of Lakes 7 and 8, operated to meet a joint water demand, subject to the pass-through requirements estimated using the Lyons and CCEFN methods. Added to the Brazos WAM data will be estimates of current and future City wastewater discharges to be captured by Lakes 7 and 8. These City return flows will be dedicated solely to the Lakes 7 and 8 yields. The City will provide estimates of current and future return flows from the City's current reuse application submitted to the TCEQ. HDR Engineering, Inc. 3 of 9 November 15, 2005 Exhibit A I.D. Water Availability Report. HDR will present and summarize findings of Tasks LA, LB and 1.0 in a water availability report. HDR will provide five (5) copies of the report in draft form for City review. HDR will provide five (5) final copies of the report within two (2) weeks of receipt of City review comments. HDR will also provide the report in electronic (PDF file) form. I.E. Water Quality Considerations — Treatment and Use. The quality of the water to be impounded in Lakes 7 and 8 is of concern, as it will be generated primarily from stormwater and wastewater treatment plant effluent (reuse water), which are usually of a quality not suitable for municipal use without innovative treatment. HDR will evaluate the potential water quality in the reservoirs and the implications such quality might have on use of the reservoirs for municipal water supply. HDR will utilize data from the National Pollution Discharge Elimination System (NPDIS) monitoring, wastewater treatment plant discharge monitoring, and USGS water quality measurements to assess the viability of those waters as part of a municipal water supply. HDR will prepare a technical memorandum discussing issues related to treating and delivering water from the reservoirs to the City of Lubbock and its customers, including blending with other supplies. Task 2. Determine Water Available to a New Diversion from the North Fork into Lake Alan Henry. Task 2.A. Water Availability Analysis. HDR will modify the BWAM as needed to include a potential scalping water right for the City from the North Fork. HDR will utilize the modified Brazos WAM to determine the availability of water to the potential scalping permit for five (5) diversion capacities. HDR will investigate the capability of such a permit to develop a firm and safe yield supply at Lake Alan Henry in excess of the current reservoir yield. HDR will simulate flood flow diversions from the North Fork into Lake Alan Henry to supplement the firm and safe yields of the existing water rights in the reservoir. HDR will estimate instream flow pass-through requirements using the Modified Lyons Method and the CCEFN and incorporate those into the water availability analysis. Task 2.B. Planning -Level Cost Estimate. HDR will prepare a planning -level cost estimate (capital and annual costs for diversion and transmission facilities) using a methodology consistent with those estimates used in the Senate Bill 1 regional water planning efforts, for each of the alternatives considered feasible. Task 2.C. Summary Memorandum. HDR will summarize modeling results with text, graphs and statistical summaries in a summary memorandum. In order to facilitate the analyses, the City will provide the diversion location for the proposed scalping operation. HDR Engineering, Inc. 4 of 9 November 15, 2005 Exhibit A Task 3. Determine the Effects of the Proposed Permits on the BRA System HDR will incorporate the two proposed permits (developed water and scalping into Lake Alan Henry) into the Brazos WAM and perform simulations to determine the effects of the permits on the BRA's water rights in Possum Kingdom Reservoir, and on the BRA's proposed system operation permit. Alternative analyses will be performed to estimate the effect of the City's proposed permits on the following: 1. BRA's Possum Kingdom Reservoir water rights; 2. BRA system operations permit, as filed by the BRA with the TCEQ, for a total firm supply of 421,449 acre-feet/year (acft/yr) diverted at the Gulf of Mexico; 3. BRA system operations permit, as filed by the BRA with the TCEQ, for a total firm supply of 150,538 acft/yr diverted at the Glen Rose stream gage; 4. BRA system operations permit, as filed by the BRA with the TCEQ, for a total firm supply of 60,538 acft/yr diverted at the Glen Rose stream gage, and an additional 157,000 acft/yr of interruptible supply; 5. BRA system operations permit, as modeled by the Brazos G Regional Water Planning Group, with estimated BRA contracts placed at actual diversion locations; 63,510 acft/yr of system supply diverted in Region G; and 120,000 acft/yr of system supply diverted from the lower basin to Region H. Analysis for item 1 above will be performed assuming that a subordination agreement would be reached with the BRA. Analyses for items 2 through 5 will be performed assuming that the proposed City permits are senior in priority to the BRA's proposed system permit or assigned no priority (i.e., "developed" water), in addition to subordination of the BRA's Possum Kingdom rights.. HDR will summarize modeling results with text, graphs and statistical summaries in a summary memorandum. Task 4. Meetings and Coordination HDR will attend up to two (2) coordination meetings with City staff and the City's outside legal counsel in Lubbock or Austin, as needed, to obtain direction and present the results of analyses for Tasks 1, 2 and 3. The fee estimate provided below assumes one in Lubbock and one in Austin. Additional meetings will be attended as additional services. Task 5. Data and Analysis for Region O Strategy Evaluations The City has requested that the Llano Estacado Regional Water Planning Group (Region ©) include in the 2006 Llano Estacado Regional Water Plan the following as new, recommended water management strategies: 1. Jim Bertram Lake System Expansion, and 2. Diversion of flows from the North Fork of the Double Mountain Fork of the Brazos River into Lake Alan Henry. HDR Engineering, Inc. 5 of 9 November 15, 2005 Exhibit A In order for the Texas Water Development Board to accept the evaluations of both strategies, specific information needs to be developed concerning the supplies each strategy will develop, as well as the environmental effects each will have on instream flows, habitat, threatened and endangered species, and cultural/archeological resources. Tasks 1 and 2 will address many of the information needs required for the regional water plan. However, development of some of the information is outside the scope of those two tasks. Based upon HDR's knowledge of TWDB requirements, HDR has identified the following work items (Tasks 5.A and 5.B) to provide the additional information required for the inclusion of the strategies in the 2006 Llano Estacado Regional Water Plan. Task S.A. Complete Region O Strategy Evaluation for Jim Bertram Lake System Expansion. HDR will complete the following work items in order to provide an evaluation of the Jim Bertram Lake System Expansion as a water management strategy to be included in the 2006 Llano Estacado Regional Water Plan. Hydrology. HDR will complete the hydrologic analysis described in Tasks IA through 1D to the extent required for the regional water planning process. The City will provide to HDR preliminary estimates of the quantity of stormwater potentially available on an average annual basis, and from the 100 -year recurrence interval storm, as well as the volumes potentially available from the City's effluent discharges (return flows) and groundwater discharges. These estimates will not be to the level of detail required by the Tasks IA through 1D, but will provide an estimate suitable for use in the regional water plan. HDR will incorporate these flows into the Brazos Basin Water Availability Model (Brazos WAM), and determine the yields of Lakes 7 and 8, subject to the Consensus Criteria for Environmental Flow Needs (CCEFN). HDR will estimate the effects of the operation of Lakes 7 and 8 on streamflow below the dams. Environmental and Cultural Resources. HDR will review existing databases from the Texas Parks and Wildlife Department to identify threatened and endangered species in the vicinity of Lakes 7 and 8, and the potential pipeline route from Lake 8 to the City's water treatment plant. HDR will estimate habitat types and extents affected by inundation by the reservoirs and traversed by the pipeline. HDR will determine the number of recorded cultural resource features potentially impacted using queries from the following databases: the total number National Register Listed Properties (NRNP), State Archeological Landmarks (SALs), Registered Texas Historic Landmarks (RHTLs), and Official State Historical Markers (OSHMs). HDR will identify cemeteries known to occur within the potential reservoir pools. Known archeological sites will also be referenced in each reservoir area. The topographic maps of the Texas Archeological Research Laboratory (TARL) will be consulted for numbers of archeological sites and cemeteries for each reservoir area. Results will be compiled in tabular format and summarized in text. No official hardcopy files of cultural resources will be accessed. HDR Engineering, Inc. 6 of 9 November 15, 2005 Exhibit A Documentation of Analyses in Region O Report Format. HDR will document the results in text, tables and graphs for inclusion as a report section in the 2006 Llano Estacado Regional Water Plan. Task 5.B. Complete Region O Strategy Evaluation for North Fork Diversions into Lake Alan Henry. HDR will complete the following work items in order to provide an evaluation of the North Fork Diversion into Lake Alan Henry as a water management strategy to be included in the 2006 Llano Estacado Regional Water Plan. Hydrology. HDR will complete the hydrologic analysis described in Task 2A of the current scope of work to the extent required by the regional water planning process. HDR will estimate the effects of the diversion project on streamflows below the proposed channel dam on the North Fork, and below Lake Alan Henry. Environmental and Cultural Resources. HDR will review existing databases from the Texas Parks and Wildlife Department to identify threatened and endangered species in the vicinity of the channel dam, and the potential pipeline route from the channel dam to Lake Alan Henry. HDR will estimate habitat types and extents affected by the project. HDR will determine the number of recorded cultural resource features potentially impacted using queries from the following databases: the total number National Register Listed Properties (NRHP), State Archeological Landmarks (SALs), Registered Texas Historic Landmarks (RHTLs), and Official State Historical Markers (OSHMs). HDR will identify cemeteries known to occur within the project location. Known archeological sites will also be referenced in the project area. The topographic maps of the Texas Archeological Research Laboratory (TARL) will be consulted for numbers of archeological sites and cemeteries near the project area. Results will be compiled in tabular format and summarized in text. No official hardcopy files of cultural resources will be accessed. Documentation of Analyses in Region O Report Format. HDR will document the results in text, tables and graphs for inclusion as a report section in the 2006 Llano Estacado Regional Water Plan. Task 5.0 Present Findings to the Llano Estacado Regional Water Planning Group. HDR will attend the scheduled December 15, 2005 meeting of the Llano Estacado Regional Water Planning Group to present the analyses and report sections developed in Tasks 5.A and 5.B. HDR Engineering, Inc. 7 of 9 November 15, 2005 Exhibit A Task 6. Additional Services — Water Rights Permitting and Other Support HDR will assist the City as requested in developing permit applications to file with the TCEQ, in coordinating with the City and its legal counsel in responding to requests for information from the TCEQ, and in other efforts as requested by the City in regard to the permit applications. Additional hydrologic, environmental or engineering analyses beyond those described in Tasks 1 3 may be required in order to address TCEQ questions or concerns. HDR may also be requested to attend additional coordination meetings with City staff and legal counsel. In addition, HDR will assist the City as needed by providing technical information related to negotiating agreements with the BRA and other parties potentially opposing these permits. HDR will provide all additional services on a time and materials basis. Schedule HDR will complete the above tasks according to the following schedule: Tasks Estimated Task Duration 1 3 months from receipt of required data from Cit 2 2 months from receipt of notice to proceed from City 3 2 months after completion of Task 1 4 As directed by City 5 As required by the Llano Estacado Regional Water Planning Group and the Texas Water Development Board 6 As directed by Cit Payment for Services Tasks 1 through 5 will be performed for a lump sum fee of $157,500. HDR will provide monthly invoices based upon percentage complete for each task. HDR will provide a summary progress report with each invoice describing progress on each task. Fees for Additional ,Services under Task b will be negotiated as needed on a time and materials basis. Tasks associated with water rights permitting are dependant upon TCEQ comments and direction, and additional, or expansions of, work item are possible and likely during the course of this effort. HDR will inform the City if any necessary work items are identified during the course of this work that will require additional services under Task 6. Payment for additional services under Task 6 will be based upon the following schedule of hourly rates for personnel classifications reasonably expected to be involved with the project, plus reimbursable expenses. Reimbursable expenses include maps, photographs, photocopies, telephone charges, printing, travel, and other expensed directly related to the work described in this scope of work. The following schedule of hourly rates is in effect HDR Engineering, Inc. 8 of 9 November 15, 2005 Exhibit A through December 31, 2006. After December 31, 2006, invoices will reflect hourly rates currently in effect at that date. Hourly Rates Classification Hourly Rate Project Principal $ 293.33 Project Manager $ 169.40 Senior Engineer $ 227.33 Project Engineer $ 129.25 Senior GIS Analyst $ 108.17 Senior Archeologist $ 99.00 Archeologist S 58.67 Senior Aquatic Biologist $ 132.22 Aquatic Biologist $ 94.42 Botanist $ 65.56 Admin Asst./Clerical $ 66.00 Technology/Computer Charge $ 4.10 Reimbursable Expenses At cost HDR Engineering, Inc. 9 of 9 November 15, 2005