HomeMy WebLinkAboutResolution - 2017-R0131 - Terracon Consultants - 04/13/2017Resolution No.2017-R0131
Item No.6.16
April 13,2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Professional Service Contract for
consulting services for the Hancock Land Application Site and the Lubbock Land
Application Site, by and between the City of Lubbock and Terracon Consultants, and
related documents. Said Contract is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on April 13 ,2017.
DANIEL M.POPE,MAYOR
ATTEST:
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~ReWecca Garza,City Sec/retaVy
APPROVED AS TO CONTENT:
Aubrey A.Spear,P.E., Director of Water Utilities
APPROVED AS TO FORM:
RES.PS Contract-TerraconConsultunts
3.15.17
Resolution No. 2017-R0131
PROFESSIONAL SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement"), is entered into this flay of
Al2ril , 2017, is by and between the City of Lubbock (the "City"), a Texas home rule
municipal corporation, and Terracon Consultants (the" Engineer"), a Delaware corporation.
WITNESSETH
WHEREAS, Engineer has a professional staff experienced and is qualified to provide
professional Engineer services related to Activities, and will provide the services, as defined below, for
the price provided herein, said price stipulated by City and Engineer to be a fair and reasonable price; and
WHEREAS, the City desires to contract with Engineer to provide professional services related to
the Activities desires to provide the Services related to same;
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Contract, the City and Engineer hereby agree as follows:
I:\ R Icol oD-aIla1,7uI
This Agreement shall expire on December 31, 2017. Additionally, the City may
terminate this Agreement at any time during the term hereof 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 only pay Engineer for
services actually performed by Engineer up to the date Engineer is deemed to have received
notice of termination as provided herein.
ARTICLE H. SERVICES AND COMPENSATION
A. Engineer shall conduct all activities and within such timeframes as set forth on Exhibit "A",
attached hereto (the "Services").
B. Engineer shall receive as consideration to be paid for the performance of the Services set forth
in Exhibit `B".
Professional Services Agreement 2017 1
C. The City may authorize Engineer to perform services in addition to those specifically
described in Attachment "A" ("'Additional Services"), not to exceed the sum of $25,000. The
City Council of the City herein delegates the authority to authorize additional Services to the
Director of Water Utilities.
ARTICLE III. TERMINATION
A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days
written notice to Engineer. In the event this Agreement is so terminated, the City shall only pay Engineer
for services actually performed by Engineer up to the date Engineer is deemed to have received notice of
termination, as provided herein.
B. Termination and Remedies. In the event Engineer breaches any term and/or provision of this
Contract, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law,
equity, or otherwise, including without limitation, termination of this Contract and assertion of an action
for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent
or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative.
ARTICLE IV. NON - ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising
its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this Agreement, this provision shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. Engineer is a corporation duly organized, validly existing, and in good standing under
the laws of the State of Texas and is qualified to carry on its business in the State of Texas.
B. Corporate Power. Engineer has the corporate power to enter into and perform this Contract and
all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part
Professional Services Agreement 2017 2
of Engineer. This Contract constitutes legal, valid, and binding obligations of the Engineer and is
enforceable in accordance with the terms thereof.
D. Engineer. Engineer maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both
state and federal, including, without limitation the applicable laws, regarding the Activities contemplated
hereby.
E. Performance. Engineer will and shall conduct all activities contemplated by this Contract in
accordance with the standard of care, skill and diligence normally provided by a professional person in
performance of similar professional services, and comply with all applicable laws, rules, and regulations,
both state and federal, relating to professional services, as contemplated hereby.
F. Use of Copyrighted Material. Engineer warrants that any materials provided by Engineer for use
by City pursuant to this Contract shall not contain any proprietary material owned by any other party that
is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or
contractual obligation relating to the use or reproduction of materials. Engineer shall be solely responsible
for ensuring that any materials provided by Engineer pursuant to this Contract satisfy this requirement and
Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which
City is exposed on account of Architect's/Engineer's failure to perform this duty.
ARTICLE VI. SCOPE OF WORK
Engineer shall accomplish the following: Professional Services related to the Services, as
provided in Exhibit "A", attached hereto and made a part hereof.
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
Engineer and City agree that Engineer shall perform the duties under this Contract as an
independent contractor and shall be considered as independent contractor under this Agreement and/or in
its activities hereunder for all purposes. Engineer has the sole discretion to determine the manner in which
the Services are to be performed. During the performance of the Services under this Agreement, Engineer
and Architect's/Engineer's employees and/or sub -consultants, will not be considered, for any purpose,
employees or agents of the City within the meaning or the application of any federal, state or local law or
regulation, including without limitation, laws, rules or regulations regarding or related to unemployment
insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind.
Professional Services Agreement 2017 3
ARTICLE VIII. INSURANCE
Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement,
except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance
satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas,
covering all aspects and risks of loss of all operations in connection with this Agreement, including without
limitation, the indemnity obligations set forth herein. Engineer shall obtain and maintain in full force and
effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of
Engineer t to obtain and maintain in full force and effect during the term of this Agreement, commercial
general liability, professional liability and automobile liability coverage for non -owned and hired vehicles
with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry
a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an
occurrence basis, subject to the following minimum limits of liability:
Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability:
Combined Single Limit: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry,
during the term of this Agreement, the insurance coverage required of Engineer herein, including without
limitation, Professional Liability coverage, protecting City against losses caused by the professional
negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and
noncontributory additional insured with respect to the Automobile Liability and Commercial General
Liability and shall be granted a waiver of subrogation under those policies. Architect shall provide a
Certificate of Insurance to the City as evidence of coverage.
The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. Engineer
shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code.
Professional Services Agreement 2017 4
Further, Architect 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 Architect maintains said coverage.
The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's
Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of
the City. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain
the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the
Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the professional liability policy shall be
maintained at Architect's/Engineer's sole cost and expense. The retroactive date shall be no later than the
commencement of the performance of this Contract and the discovery period (possibly through tail
coverage) shall be no less than 10 years after the completion of the Services provided for in this Contract.
The provisions of this Article VIII shall survive the termination or expiration of this Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
Engineer may employ or retain consultants, contractors, or third parties (any of which are referred
to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit "A", attached
hereto, under this Contract, provided that City approves the retaining of Sub -consultants. Engineer is at all
times responsible to City to perform the Services as provided in this Agreement and Engineer is in no event
relieved of any obligation under this Contract upon retainage of any approved Sub -consultant. Any agent
and/or Sub -consultant retained and/or employed by Engineer shall be required by Engineer to carry, for the
protection and benefit of the City and Engineer and naming said third parties as additional insureds,
insurance as described above required to be carried by Engineer in this Contract.
Engineer represents that such services are either under applicable value thresholds or are otherwise
exempt from notice and/or bid requirements under Texas Law.
ARTICLE X. CONFIDENTIALITY
Engineer shall retain all information received from or concerning the City and the City's business
in strictest confidence and shall not reveal such information to third parties without prior written consent
of the City, unless otherwise required by law.
ARTICLE XI. INDEMNITY
Professional Services Agreement 2017 5
ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND
ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE,
OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR
DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY
ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO
OR OCCASIONED BY, THE NEGLIGENT ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES,
AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR
OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OR OCCUPATION OF CITY OWNED
PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT.
ARTICLE XH. COMPLIANCE WITH APPLICABLE LAWS
Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules
and regulations relating, in any way, manner or form, to the activities under this Contract, and any
amendments thereto.
ARTICLE XHI. NOTICE
A. General. Whenever notice from Engineer to City or City to Engineer is required or permitted by
this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of
the written notice to the other party by hand (in which case such notice shall be effective upon delivery);
(2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written
notice in the United States mail, properly addressed to the other party at the address provided in this article,
registered or certified mail, return receipt requested, in which case such notice shall be effective on the third
business day after such notice is so deposited.
B. Architect's/Engineer's Address. Architect's/Engineer's address and numbers for the purposes
of notice are:
Terracon.
John Cuddihee, Principal
8901 Carpenter Freeway, Suite 100
Dallas, Texas 75247
Telephone: (214) 630-1010
Facsimile: (214) 630-7070
Professional Services Agreement 2017 6
C. City's Address. The City's address and numbers for the purposes of notice are:
Aubrey A. Spear, P.E.
Director of Water Utilities
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone:
D. Change of Address. Either party may change its address or numbers for purposes of notice by
giving written notice to the other party as provided herein, referring specifically to this Contract, and setting
forth such new address or numbers. The address or numbers shall become effective on the 15th day after
such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES
A. Provision of Data. City shall furnish Engineer non -confidential studies, reports and other
available data in the possession of the City pertinent to Architect's/Engineer's Services, so long as City is
entitled to rely on such studies, reports and other data for the performance of Architect's/Engineer's
Services under this Contract (the "Provided Data"). Engineer shall be entitled to use and rely, so long as
such reliance is reasonable, upon all such Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract
strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any
effect in construing this Contract.
B. Audit. Engineer shall provide access to its corporate books and records to the City. The City
may audit, at its expense and during normal business hours, Architect's/Engineer's books and records with
respect to this Contract between Engineer and City.
C. Records. Engineer shall maintain records that are necessary to substantiate the services provided
by Engineer.
D. Assignability. Engineer may not assign this Contract without the prior written approval of the
City.
Professional Services Agreement 2017
E. Successor and Assigns. This Contract binds and inures to the benefit of the City and Engineer,
and in the case of City, its respective successors, legal representatives, and assigns, and in the case of
Engineer, its permitted successors and assigns.
F. Construction and Venue.
THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY,
TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND
EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF
THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL
PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT
ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any
court of competent jurisdiction with respect to any person or circumstance, the remainder of this Contract
and the application of such provision to persons and/or circumstances other than those with respect to which
it is held invalid or ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be
binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract,
and duly authorized and executed by Engineer and City.
I. Entire Agreement. This Contract, including Exhibits "A" through `B" attached hereto, contains
the entire agreement between the City and Engineer, and there are no other written or oral promises,
conditions, warranties, or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal — agent relationship between Engineer and the City.
K. Documents Owned by City. Any and all documents, drawings and specifications prepared by
Engineer as part of the Services hereunder, shall become the property of the City when Engineer has been
compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products
for its files.
Professional Services Agreement 2017 8
L. Notice of Waiver. A waiver by either City or Engineer of a breach of this Agreement must be in
writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver,
such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or
benefits whatsoever to any party other than City and Engineer.
N. Non -Appropriation. All funds for payment by the City under this Contract are subject to the
availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of
funds by the City Council of the City of Lubbock for the services provided under the Contract, the City will
terminate the Contract, without termination charge or other liability, on the last day of the then -current
fiscal year or when the appropriation made for the then -current year for the services covered by this Contract
is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not
appropriated for the continuance of this Contract, cancellation shall be accepted by the Engineer on thirty
(30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be
obligated under this Contract beyond the Non -Appropriation Date.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK:
Lj�
Daniel M. Pope, MAYOR
RebL ca Garza, City Secrttaj
APPROVED AS TO CONTENT:
L�r�
tLc,c
Aubrey A. Spa P.E. Director of Water Utilities
M ry H. Gon ales, Wastewater Superintendent
Professional Services Agreement 2017
APPROVED AS TO FORM:
Amy L. 'ms, ep ity Attorney
ENGINEER:
Erin Loyd, P.G., Senior Associate
Terracon
By: i t s h-)
[Signal e
Professional Services Agreement 2017 10
January 11, 2017
ATTACHMENT A
Described below is the scope of work and associated fees for Terracon to provide consulting services to the
City of Lubbock for the Hancock Land Application Site (HLAS) and Lubbock Land Application Site
(LLAS). This exhibit outlines specific tasks, budgets, and not to exceed amounts for Terracon to complete
the scope of work. Terracon's fee schedule that will be used for negotiating fees for Additional Services
not included in this scope of work is also attached.
Specific tasks to allow Terracon to assist the City to define project strategies and/or interface with the Texas
Commission on Environmental Quality (TCEQ) are included in this scope of work. In addition, Terracon
has included tasks to manage project data and prepare state mandated routine annual monitoring reports for
the HLAS and LLAS for submission to the TCEQ in May 2017. The 2017 Annual Report for the LLAS
will include an updated groundwater model for the LLAS that was originally revised for the 2010 Annual
Report. In addition, specific tasks are included to evaluate additional information pertaining to water
quality and groundwater elevations in the vicinity of the LLAS and HLAS.
Additional tasks for which the specific scope cannot be defined at this time such as efforts needed to
respond to TCEQ comments or questions regarding previous reports which detail adjusted recovery rates
for the existing LLAS groundwater recovery infrastructure, the possible installation of groundwater wells,
and additional efforts to prepare a more comprehensive revised remediation plan for the LLAS in 2017 may
be negotiated as Additional Services and may be added to this Agreement by amendment hereof.
Task 16 — 2017 Meetings
This task includes the review of updated project data as necessary, site visits, strategic planning with the
City of Lubbock, and interfacing with City of Lubbock Staff and TCEQ regulators, as necessary. Terracon
and the project team will meet with City of Lubbock personnel to discuss planning for the LLAS and HLAS
including remediation well performance, budgeting, regulatory compliance, and closure issues. The short-
term planning discussions may include wastewater operations, farming operations, and remediation
activities at the LLAS. The long-term planning discussions may include the wastewater development and
water use planning and the beneficial use of the property. The long-range planning may also be used to
develop a modified monitoring, remediation, and closure strategy for the LLAS, if necessary. At least one
strategic planning meeting in Lubbock is proposed during the course of the year. Additional project and/or
budget meetings will be scheduled as necessary.
Terracon will assist the City of Lubbock with their discussions with the TCEQ on an as requested basis.
The LLAS is currently operated, monitored, and remediated pursuant to the permit renewed in May 2014.
Terracon will assist the City of Lubbock as necessary, and as requested, to evaluate technical issues
pertaining to the permit. If requested, and if adequate time exists/remains within the period for this contract
amendment, a detailed scope of work will be prepared as a supplemental task in 2017 and/or 2018 to
prepare a more comprehensive revised groundwater remediation plan for the LLAS in 2017/2018.
Task 17 — 2017 HLAS Annual Budget
Terracon shall complete two main project tasks related to compliance with the City of Lubbock's TPDES
permit No. 10353-002 for the HLAS. The project tasks and associated work scope are summarized below.
HLAS Data Management
This task will involve database file management including database updates, preparation of supporting
graphs, and review of data provided by the City of Lubbock during the fiscal year. The City of Lubbock
will collect onsite groundwater samples, gauge monitor wells, and procure laboratory services. The city -
contracted laboratory will be NELAC accredited. Sampling data will not be reviewed and reported
Jan 2017
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January 11, 2017
pursuant to Texas Risk Reduction Program (TRRP) TRRP-13 Guidance document (Review and Reporting
of COC Concentration Data). Thus, Terracon has not included a usability review of the data or the
preparation of a Data Usability Summary (DUS).
The following data will be collected, compiled, and included in the databases during the fiscal year:
• Annual groundwater level measurements from 31 offsite irrigation wells measured by the High
Plains Underground Water Conservation District;
• Quarterly nitrate data from southern onsite monitor wells (MW-IA, MW-2A, MW-34, MW-35, and
MW-36);
• Semi-annual and annual nitrate data from 36 onsite wells;
• Annual groundwater quality data from 36 onsite wells;
• Annual groundwater quality field sampling data (i.e., pH, conductivity, oxidation/reduction
potential, dissolved oxygen, and temperature) from 36 onsite wells; and
• Annual groundwater data from offsite private wells sampled as part of the bottled water program
administered by the City of Lubbock.
Terracon will integrate laboratory and field collected data into existing databases. Terracon will review the
data for trends and spatial distribution. Throughout the year, as data are compiled and reviewed, Terracon
will evaluate the data and communicate findings with the City of Lubbock staff and attorneys.
HLASAnnual Report
This task involves preparation of the HLAS annual report. The HLAS annual report will summarize the
project history and monitoring activities, and will include tabular sampling and gauging results and maps of
nitrate iso-concentrations and potentiometric contours. Terracon will prepare a draft report that will be
submitted to the City of Lubbock and attorneys for review and comments. Terracon will work with the City
of Lubbock and attorneys to address any comments and will prepare a final report. The report will be
sealed by a licensed professional geoscientist or licensed professional engineer. The report is due to the
TCEQ by the end of May each year.
Task 18 — 2017 LLAS Annual Budget
Terracon shall initially complete two main project tasks related to compliance with the City of Lubbock's
TPDES Permit No. 10353-002 related to the LLAS. The two project tasks and associated work scope are
summarized below.
LLAS Data Management
This task will involve database file management including database updates, preparation of supporting
graphs, and review of data provided by the City of Lubbock during the fiscal year. The City of Lubbock
will collect onsite groundwater samples, gauge monitor wells, and procure laboratory services. The city -
contracted laboratory will be NELAC accredited. Sampling data will not be reviewed and reported pursuant
to TRRP-13. Thus, Terracon has not included a usability review of the data or the preparation of a DUS.
The following data will be collected, compiled, and included in the databases during the fiscal year:
• Monthly groundwater production data for approximately 40 recovery wells (if available from the
SCADA system) and the booster pump station;
• The amount of water sent to the JBLS, golf course, cemetery, and other potential irrigated areas;
• Semi-annual nitrate data from approximately 150 site wells;
• Annual static water level data from approximately 150 site wells;
• Annual groundwater quality data from approximately 150 site wells;
Jan 2017
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January 11, 2017
Annual groundwater quality field sampling data (i.e., pH, conductivity, oxidation/reduction
potential, dissolved oxygen, and temperature ) from approximately 150 site wells; and
Quarterly North Fork data upstream of FM 400 and monthly lake nitrate data; and
Annual groundwater data from offsite private wells sampled as part of the bottled water program
administered by the City of Lubbock.
Terracon will integrate laboratory and field collected data into existing databases. Terracon will review the
data for trends and spatial distribution. Throughout the year, as data are compiled and reviewed, Terracon
will evaluate the data and communicate any findings with the City of Lubbock staff and attorneys.
LLASAnnual Report
This task will involve preparation of the LLAS annual report. The LLAS annual report will summarize the
project history and monitoring and remediation activities, and will include tabular sampling and gauging
results and maps of nitrate iso-concentrations and potentiometric contours. The May 2017 LLAS annual
report will also include a discussion of the 2017 LLAS MODFLOW/MT3D model based on the updated
nitrate distribution in groundwater and expected groundwater withdrawal rates, wastewater application
rates, and typical rainfall. Nitrate data from the offsite bottled water sampling program will also be
evaluated. Terracon will prepare a draft report that will be submitted to the City of Lubbock and attorneys
for review and comments. Terracon will work with the City of Lubbock and attorneys to address any
comments and will prepare a final report. The report will be sealed by a licensed professional geoscientist
or licensed professional engineer. The report is due to the TCEQ by the end of May each year.
Task 19 — 2017 LLAS Groundwater Model Update and Ongoing Operational Analysis/Support —
Annual Budget
Groundwater Model Update
This task will involve preparing an annual update to the existing MODFLOW/MT3D computer model
prepared for the LLAS that was revised by Terracon for the 2010 LLAS Annual Report and performing
ongoing operational analysis based on recently acquired data from the Canyon Lakes SCADA system. As
directed by the TCEQ, the May 2017 LLAS annual report will include a discussion of the revisions and
update to the groundwater MODFLOW/MT3D model to include a re -calibration of the model for 2017 to
simulate flow conditions and water quality at the LLAS over the next 5-year period. Based on the
anticipated continued reduction in the saturated thickness of the aquifer, a comprehensive review of the site
stratigraphy will be performed to better understand the potential hydraulic conductivity of the lower portion
of the aquifer. In addition, pump setting depths and well construction details will be reviewed to determine
possible impacts to groundwater recovery performance and the impacts on the model. Terracon will
procure the services of Dr. Ken Rainwater and his associates for the groundwater modeling task to support
the preparation and submission of the 2017 LLAS Annual Report, and they will focus on those modeling
tasks necessary to re -calibrate the model based on comparison of modeled data to actual data from calendar
year 2016 and previous years. Once the model has been calibrated to match approximate groundwater
levels and nitrate concentrations, the current nitrate concentration data will be input into the model to
generate a prediction of future conditions for a 5-year predictive period in accordance with the current
Remediation Plan. The modeling description and results will be presented in the 2017 LLAS Annual
Report.
Ongoing Operational Analysis/Support
In addition, this task will also include ongoing evaluation of the LLAS groundwater recovery system
performance and how the performance impacts groundwater remediation and the groundwater model
throughout the remainder of the year with respect to subsurface conditions. This task will include a
comparison of actual available flow and other operational data from the City's SCADA system data versus
modeled flows and evaluation of water levels and nitrate concentrations as they pertain to the model. In
order to gain a better understanding of the LLAS recovery system, Terracon will also measure and evaluate
Jan 2017
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January 11, 2017
supplemental groundwater elevation data collected during times of wellfield pumping and evaluate SCADA
data provided by the City of Lubbock at the LLAS during the period of groundwater pumping and provide
recommendations for adjustments to the recovery system. As of the end of 2016, the collection of LLAS
well operation data greatly improved with the recent updates to the SCADA system. In May 2015 a
Modified Groundwater Remediation Pumping Plan was prepared and approved by the TCEQ which
proposed changes to the previous remediation plan based on the current extraction well production
capacities. The maintenance, repair, and daily operation of the LLAS groundwater recovery and SCADA
systems to achieve the performance objectives of the Modified Groundwater Remediation Pumping Plan
will be the responsibility of the City of Lubbock and their personnel. The proposed Operational Analysis
task will include a more detailed ongoing evaluation of the performance of the LLAS extraction wells
relative to hydraulic productivity and nitrate recovery. In this task, the project team will compare the
updated SCADA information for each well with the booster pump and storage tank records to double-check
the actual production from the LLAS remediation system. The project team will periodically interact with
City Staff about the ongoing mechanical status of each extraction well and will compare the observed flow
rates and recharge cycling with the flow conditions represented in the LLAS Modflow/MT3D model
combination. That comparison could lead to local recalibration of the Modflow model's local aquifer
hydraulic parameters. The LLAS model can then be applied to evaluate adjustments in the well operation
scheduling. Deliverables for this task include [1] recommendations for modified pump operation schedule
and [2] periodic interaction with City Staff for feedback on well performance.
As part of this task, and in order to provide ongoing operational support prior to the proposed conversion of
selected LLAS monitoring wells to recovery wells by the City in accordance with the May 2015 Modified
Groundwater Remediation Pumping Plan approved by the TCEQ, the project team will use the previously
developed hydraulic model of the wellfield collection system to examine the impacts of the proposed
conversion of the three monitoring wells near Plot 3 to recovery wells on the existing hydraulic infrastructure.
The purpose of this evaluation will be to identify potential areas in the system where existing pipelines may be
undersized for future flows or where excessive wellhead pressures may occur.
Task 20 — 2017 Design Basis Optimization Study (Phase H)
Terracon will subcontract with Dr. Ken Rainwater and his associates to complete Phase II of the Design
Basis Optimization Study for the LLAS. (As discussed below, some of the initial work on Phase 2 was
initiated in late 2015 under a previous contract amendment). The purpose of the remedial system design
optimization for the LLAS is to automate —in a smart manner —the search for the preferred strategy to
remediate the plume while simultaneously honoring all the subsurface flow and transport processes and
project economics. The design optimization study was originally divided into two phases to allow for the
necessary interaction with City staff to ensure that the results of the study provide information to form the
basis for a remediation design for the LLAS that achieves the long-term goals of the City of Lubbock within
budget constraints. Phase 1, completed in 2014, included tasks to prepare the model and optimization
framework based on information/direction obtained from City staff, a workshop with staff to gain
acceptance of the design basis assumptions and to determine the specific scenarios to be optimized, and
document the design objectives, assumptions, and modeling and optimization tools. Ultimately, the City
would like to have the ability to reuse reclaimed (effluent) water for more beneficial purposes than land
application. However, in the foreseeable future, the City has no plans to entirely eliminate land application
of reclaimed (treated wastewater effluent) water. The City's Strategic Water Plan developed in 2013
anticipates the LLAS will receive a minimum of 4 MGD of effluent/reclaimed water through 2019 followed
by a minimum of 2 MGD thereafter on reduced acreage. Modeling of the remediation system completed to
date has identified several major challenges to achieving the City's long-term goal for the LLAS
remediation, most notably the inability to completely capture the nitrate-N plume beneath off -site areas.
Therefore, as documented at the conclusion of Phase 1, the City has identified potential intermediate
objectives for remediation that can be achieved within a timeframe of 10 to 30 years. The first of these
objectives is to stop the continued migration of nitrate-N from beneath LLAS property to off -site areas.
Once hydraulic control of the on -site nitrate-N plume has been thus achieved, reducing nitrate-N
Jan 2017
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January 11, 2017
concentrations to less than 10 mg/L beneath LLAS property within an operational period of 10 to 30 years
would become the next objective. Secondary objectives to be considered include [1] maintaining the long-
term ability to pump groundwater from the LLAS for discharge to the Jim Bertram Lake System (JBLS)
and continued irrigation of the golf course and cemetery, and [2] reducing the potential threat to
groundwater near Ransom Canyon within 10 to 15 years (possibly through other as yet unidentified means
including, but not limited to, the targeted used of enhanced bioremediation if deemed feasible).
The work completed in Phase I produced a fully functional and substantially complete integrated Physics
Based Management Option (PBMO) tool linked and tested with the LLAS groundwater flow and transport
model along with a test optimization run to examine the degree of difficulty of the formal optimization.
The initial work on Phase II, completed in late 2015, included set up of the model and establishing costing
components and initial runs of the optimization model. The estimated effort required for completing the
Phase II formal optimization is based on our understanding of the degree of difficulty and is presented
below. Based on the complexity of this task and the anticipated discussion with the City of Lubbock staff
as it may relate to future capital and operating and maintenance costs for implementing changes to the
overall remedial effort, the scope and associated costs to submit a formal revised LLAS remediation plan to
the TCEQ has not been included in the scope and budget for this annual contract amendment. As discussed
above, depending on the progress made in 2017, Terracon may prepare a supplemental work scope and
budget to prepare a more comprehensive revised remediation plan in the future.
Phase II Tasks
Optimization Basis Review Meeting. A two-hour meeting with City staff will be held near the start of
Phase II tasks. This meeting will allow the consultant team to review optimization objective and inputs
with staff, provide updates on integration of the optimization process with the model, and receive
feedback on assumptions. A summary of the objectives of optimization defined during Phase I is
presented in the paragraphs above; substantial changes to these objectives will be difficult to
accommodate without revising the scope and budget for this task.
2. Continue optimization runs using the integrated PBMO tool linked with the LLAS groundwater flow
and transport model. These simulations will provide the information needed to evaluate the
performance objectives of the remediation system subject to constraints on the optimization solution
identified during Phase I. The results of the optimization simulations will include potential extraction
well locations, pumping rates, and schedules of operations. More than one feasible solution may be
identified.
3. Update the DRAFT Design Basis Report Memorandum to fully document the optimization solution(s).
This draft memorandum will include the assumptions used in developing the optimization solution
along with a discussion of uncertainty in the solution.
4. Final workshop to present results. A final workshop will be scheduled with City staff to present
optimization results and discuss potential implementation of the solution. It should be noted that
preparation of a formal detailed remedial design or a revised pumping plan is not included in this scope
at this time.
Task 21— 2017 Project Management / Communications
During the course of the project, Terracon will provide overall project management duties, provide ongoing
data evaluation for miscellaneous tasks, communicate and direct subcontractors, communicate and meet
with the City of Lubbock staff, attorneys, the TCEQ, and with Agri -Waste Technologies (AWT) regarding
routine matters or to address questions that arise from operations and management of the HLAS and LLAS.
This would also include ongoing technical consultation to support sampling activities for the onsite and
Jan 2017
Page 5 of 9
January 11, 2017
offsite areas. Initial meetings with City of Lubbock staff and/or the TCEQ in Austin, Texas are addressed
in Task 16. Additionally in Task 21, Terracon anticipates an additional meeting with City of Lubbock Staff
to update project status and discuss additional needs that may arise.
Estimated costs to complete Tasks 16 through 21 are presented in Table 1. Please note that these costs are
conceptual in nature and were prepared for planning purposes only. In some cases, written cost estimates were
received from selected vendors and contractors and these estimates are subject to change depending on the
actual timeframe for the work and the exact nature and scope of the actual work performed. In other
circumstances, no written estimates were received and some costs were estimated based on Terracon's
experience with this and similar projects.
Jan 2017
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January 11, 2017
Project Summary Budget
Terracon will perform this project on a time and materials basis using the attached Fee Schedule. This
proposal includes both one-time and routine activities. This proposal includes the annual costs to perform
routine tasks once. The project summary budget for Terracon to perform work defined related to the above
HLAS and LLAS tasks is as follows:
ESTIMATED FEES FOR PROFESSIONAL SERVICES
Task 16 — Planning and Meetings
Task 17 — HLAS (annual budget)
Task 18 — LLAS (annual budget)
$8,600
$19,800
$33,600
Task 19 — LLAS Groundwater Model Update and Operational Analysis/Support $83,400
Task 20 — Design Basis Optimization Study (Phase II) $97,100
Task 21— 2017 Project Management / Communications $15,000
TOTAL TASKS 16 THROUGH 21 $257,500
Jan 2017
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January 11, 2017
ATTACHMENT B
Jan 2017
Page 8 of 9
January 2017 Irerracon
ENVIRONMENTAL CONSULTING SERVICES
FEESCHEDULE
HOURLY FEES FOR PERSONNEL
Environmental Professional includes Environmental Engineer, Environmental Scientist, Geologist and Hydrogeologist
ExpertWitness.........................................................................................................................................
$175.00
Senior Principal / Program Manager.......................................................................................................
$165.00
Principal/Senior Consultant.....................................................................................................................
$160.00
GroupManager........................................................................................................................................
$145.00
Senior Environmental Engineer...............................................................................................................
$125.00
SeniorProject Manager...........................................................................................................................
$110.00
ProjectManager.......................................................................................................................................
$100.00
Environmental Professional V.................................................................................................................
$100.00
Environmental Professional IV ..................................................................................................................
$95.00
Environmental Professional III..................................................................................................................
$85.00
Environmental Professional II...................................................................................................................
$75.00
Environmental Professional I....................................................................................................................
$65.00
Environmental Technician II.....................................................................................................................
$65.00
Environmental Technician I......................................................................................................................
$60.00
AdministrativeAssistant............................................................................................................................
$55.00
Draftsperson/CAD Operator......................................................................................................................
$60.00
WordProcessor.........................................................................................................................................
$50.00
Clerical......................................................................................................................................................
$45.00
TRAVEL EXPENSES
Reimbursable Expenses are charged at cost plus 10%.
Vehicle Charge (local), Per day.................................................................................................................
$60.00
Mileage(per mile).......................................................................................................................................
$0.58
PerDiem..................................................................................................................................................
$125.00
Document Delivery/Overnight (per standard package).............................................................................
$20.00
FIELD EXPENSES
DevelopmentPump (Per day)....................................................................................................................
$40.00
DisposableBailer (each)............................................................................................................................
$20.00
GEM 2000 Gas Analyzer & Extraction Monitor (per day).....................................................................
$200.00
HandAuger (per day)................................................................................................................................
$25.00
Handheld GPS Instrumentation (per day)..................................................................................................
$45.00
HighFlow Air Pump (Per day)..................................................................................................................
$50.00
IAQ Instrumentation (QTRAK, Moisture Meter) (per day)......................................................................
$50.00
InterfaceProbe (per day)...........................................................................................................................
$85.00
LowFlow Air Pump (Per day)...................................................................................................................
$35.00
Low Flow Sampling Cell (includes YSI/Horiba & flow cell).................................................................
$150.00
Low Flow Bladder Pump (Per day).........................................................................................................
$100.00
Peristaltic Pump (Per day).........................................................................................................................
$50.00
pH/Conductivity/Temperature Meter (per day).........................................................................................
$50.00
PIDMeter (per day).................................................................................................................................
$110.00
SampleKit (per boring).............................................................................................................................$35.00
SampleKit (per well)................................................................................................................................
$50.00
Submersible Purge Pump (Per day).........................................................................................................
$175.00
Trimble Pro XRS Pathfinder Backpack GPS (per day)...........................................................................
$165.00
WaterLevel Indicator (per day)................................................................................................................
$35.00
XRFMeter (per day)...............................................................................................................................
$350.00
SUBCONTRACTS AND THIRD PARTY CONTRACTS
With the exception of those subcontracts specifically listed above to be executed through Terracon at cost
plus 10%, other normal subcontract functions shall be executed through the City of Lubbock. Upon City's
approval, other subcontracts may be executed through Terracon at cost plus 10%.
Jan 2017
Page 9 of 9
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2017-181014
Terracon Consultants, Inc.
Olathe, KS United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/21/2017
being filed.
City of Lubbock Date Acknowledged:
03/21/2017
g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13305
Professional Services
4
Name of Interested Party
Anderson, Tim
Najm, Jamal
Cozart, George
Srinivasan, Swaminathan
Vrana, Donald
Pavlichek, Robert
Covert, Michael
Cobb, Harold
Gaboury, David
5 Check only if there is NO Interested Party.
6 AFFIDAVIT
10
City, State, Country (place of business)
Tempe, AZ United States
Lawrenceville, GA United States
Austin, TX United States
Olathe, KS United States
Olathe, KS United States
Raleigh, NC United States
Olathe, KS United States
Houston, TX United States
Olathe, KS United States
Nature of interest
(check applicable)
Controlling I Intermed
X
X
X
X
X
X
X
X
X
swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loci
Complete Nos. 1.4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2017-181014
Terracon Consultants, Inc.
Olathe, KS United States
Date Filed:
03/21/2017
2 Name of governmental entity or state agency that is a party tot the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify
the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13305
Professional Services
Nature of interest
4
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Anderson, Tim
Tempe, AZ United States
X
Najm, Jamal
Lawrenceville, GA United States
X
Cozart, George
Austin, TX United States
X
Srinivasan, Swaminathan
Olathe, KS United States
X
Vrana, Donald
Olathe, KS United States
X
Pavlichek, Robert
Raleigh, NC United States
X
Covert, Michael
Olathe, KS United States
X
Cobb, Harold
Houston, TX United States
X
Gaboury, David
Olathe, KS United States
X
5 Check only if there is NO Interested Party, ❑
��unu►rrrr
6 AFFIDAVIT�`0\,� P.- „ , GSA I swear, or affirm, under penalty of perjury, that the
above disclosure is true and correct.
�TaEO'P'��
CoWtSSION
EXPIRES = %J
MARCH 220,
t� 201E �NA.
`
�Signature of authorized agent of contracting
business entity
O., yA�pS
f///�TgRY Pvg\\���
AFFIX NOTAR;R144K ABOVE
Q % %
Sworn to and subscribed before me, by the said %tn , L;L 4�1 this the day of Z c
20__, to certify which, witness my hand and seal of office.
LYNN A. KINGSLEY, Notary Public
'
g ature of officer a &6-is ��r§ oatq Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.etnics.state.tx.us version vl.u.tsrsa