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HomeMy WebLinkAboutResolution - 2017-R0185 - HDR Engineering, Inc. - 05/25/2017Resolution No. 2017-RO185 Item No. 6.17 May 25, 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 related to watershed management planning for Lake Alan Henry, by and between the City of Lubbock and HDR Engineering, Inc., 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 May 25 , 2017. W� DANIEL M. POPE, MAYOR ATTEST: Rebicea Garza, City Secretary APPROVED AS TO CONTENT: � __ I Y'_ Z4 Aubrey A. Spe .E., Directo of Water Utilities APPROVED AS TO FORM: Amy Sim , eputy City Att RESTS Contract-HDR Engineering, Inc. (5-08-17) Resolution No.2017-R0185 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract (the "Contract" or "Agreement"),effective as of the _25thday of May 2017 (the "Effective Date"), is by and between the City of Lubbock,(the "City"), a Texas home rule municipalcorporation, and HDR Engineering, Inc. ("ENGINEER"), a Nebraska corporation authorized to conduct business in Texas. WITNESSETH WHEREAS,the City desires to obtain professional engineering services related to watershed management planning for LakeAlanHenry(the "Activities"or "Project");and WHEREAS,ENGINEER hasa professional staff experienced in,andis qualified to provide,professional engineering services related to the Activities,andwill provide the services, as defined below,forthe price provided herein,saidprice stipulated byCityand ENGINEER to be a fair and reasonable price; and WHEREAS,theCity desires to contract with ENGINEER to provide professional engineering services related tothe Activities and ENGINEER desires to provide the Services related to same. NOW THEREFORE,for and in consideration of the terms, covenants and conditions set forth inthis Contract,theCityand ENGINEER hereby agreeas follows: ARTICLE I.TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 365 days,as set forth in Exhibit "A",attached to and made a part of this Agreement for all purposes.If the ENGINEER determines that additional time is required to complete the Services,the Director of Water Utilities may,butisnot obligated to,inhis discretion,execute an agreement to grant up to an additional six (6)months of time so long as Lake Alan HenryWatershed Managementand Planning Pace 1of 12 the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. ARTICLE II. SERVICES AND COMPENSATION A. ENGINEER shall conduct all activities and within such timeframes as set forth on Exhibit "A", attached hereto (the "Services"). B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth in Exhibit "B", for a not -to -exceed price of One hundred fifteen thousand three hundred dollars ($115,300). ARTICLE III. TERMINATION A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to ENGINEER. In the event this Agreement is so terminated, the City shall only pay ENGINEER for services actually performed by ENGINEER up to the date ENGINEER is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event ENGINEER materially breaches any term and/or provision of this Contract and fails to cure within 10 days after notice of same, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law, equity, or otherwise, including without limitation, termination of this Contract and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and all remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict Lake Alan Henry Watershed Management and Planning Page 2 of 12 between this provision and another provision in, or related to, this Contract, 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 of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is enforceable in accordance with the terms hereof. D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including without limitation, the applicable laws, regarding the Activities contemplated hereby. E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services in Texas, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for use by City pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. ENGINEER shall be solely responsible for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this requirement and ENGINEER agrees to Lake Alan Henry Watershed Management and Planning Page 3 of 12 indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of ENGINEER's failure to perform this duty. ARTICLE VI. SCOPE OF SERVICES ENGINEER shall accomplish the following: Professional Engineering Services related to the Project, as defined and provided in Exhibit "A," "Scope of Services". ARTICLE VII. INDEPENDENT CONTRACTOR STATUS ENGINEER and City agree that ENGINEER shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. ENGINEER has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Services under this Agreement, Engineer and Engineer's employees and/or subconsultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance Lake Alan Henry Watershed Management and Planning Page 4 of 12 companies must carry a Best's Rating of A-VII or better. All policies will be written on per occurrence basis except Professional Liability, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: General Aggregate Limit: Professional Liability: Per Claim: Automobile Liability: Combined Single Limit for any auto: $1,000,000 $2,000,000 $1,000,000 $1,000,000 Per Occurrence Engineer shall further cause any approved subcontractor or subconsultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for Engineer, protecting City against direct losses caused by the professional negligence of the approved subcontractor or subconsultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Lake Alan Henry Watershed Management and Planning Page 5 of 12 Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Contract and the discovery period (possibly through tail coverage) shall be no less than ten (10) years after the completion of work specified in the 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 "Subconsultant"), to perform certain duties of ENGINEER, as set forth on Exhibit "A", attached hereto, under this Contract, provided that City approves the retaining of Subconsultants. The City hereby approves the retention of HDR as described in Exhibit "A," attached hereto. ENGINEER is at all times responsible to City to perform the Services as provided in this Agreement and ENGINEER is in no event relieved of any obligation under this Contract upon retainage of any approved Subconsultant. Any agent and/or Subconsultant retained and/or employed by ENGINEER shall be required by ENGINEER to carry, for the protection and benefit of the City and ENGINEER and naming said third parties as additional insureds, insurance as described above in this Contract. ENGINEER represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY ENGINEER shall retain all information received from or concerning the City and the City's business in confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. It is hereby agreed that the following information is not considered to be confidential under this Agreement: a) Information already in the public domain; b) Information disclosed to ENGINEER by a third party who is not under a confidentiality obligation; Lake Alan Henry Watershed Management and Planning Page 6 of 12 c) Information developed by or in the custody of ENGINEER related to work with clients before entering into this Agreement; and d) Information developed by ENGINEER through its work with other clients ARTICLE XI. INDEMNITY ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS ENGINEER shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. Lake Alan Henry Watershed Management and Planning Page 7 of 12 ARTICLE XIII. NOTICE A. General. Whenever notice from ENGINEER to City or City to ENGINEER is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. are: B. ENGINEER 's Address. ENGINEER 's address and numbers for the purposes of notice HDR Engineering, Inc. Attn: Paula Jo Lemonds, P.E., P.G 4401 West Gate Blvd., Suite 400 Austin, Texas 78745 Telephone: (512) 912-5100 Facsimile: (512) 912-5158 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Aubrey A. Spear, P.E. P. O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-2585 Facsimile: (806) 775-3027 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Lake Alan Henry Watershed Management and Planning Page 8 of 12 Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA City shall furnish ENGINEER non -confidential studies, reports and other available data in the possession of the City pertinent to ENGINEER's Services, so long as City is entitled to rely on such studies, reports and other data for the performance of ENGINEER's Services under this Contract (the "Provided Data"). ENGINEER shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. ENGINEER shall provide access to its books and records for time -based and reimbursable expenses to the City. The City may audit, at its expense and during normal business hours, ENGINEER's books and records with respect to this Contract between ENGINEER and City. C. Records. ENGINEER shall maintain records that are necessary to substantiate the services provided by ENGINEER. D. Assignability. Neither party may assign this Contract without the prior written approval of the other party. E. Successor and Assigns. This Contract binds and inures to the benefit of the City and ENGINEER, their permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN Lake Alan Henry Watershed Management and Planning Page 9 of 12 LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by ENGINEER and City. I. Entire Agreement. This Contract, including Exhibits "A" and `B," attached hereto, contains the entire agreement between the City and ENGINEER, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between ENGINEER and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by ENGINEER as part of the Services hereunder, with the exception of those standard details and specifications regularly used by the ENGINEER in its normal course of business, shall become the property of the City when ENGINEER has been compensated as set forth in Article II, above. The ENGINEER shall make copies of any and all work products for its files. Any reuse or modification of such Documents for purposes other than those intended by ENGINEER herein shall be at City's sole risk and without liability to the ENGINEER. Lake Alan Henry Watershed Management and Planning Page 10 of 12 L. Notice of Waiver. A waiver by either City or ENGINEER of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and ENGINEER. N. Non- Appropriation. All funds for payment by the City under this Contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non - appropriation of funds by the City Council of the City of Lubbock for the services provided under this Contract, the City will terminate this Contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Contract is spent, whichever event occurs first (the "Non -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. Lake Alan Henry Watershed Management and Planning Page 11 of 12 EXECUTED as of the Effective Date hereof. ATTEST: Reb ca Garza, City Secretar APP OVED AS TO CONTENT: Aubrey A. Spe .E., Director kf Water Utilities AS TO FORM: Assistgf'g4 Attorney CITY OF LUBBOCK Daniel M. Pope, Mayor HDR Engineering, Inc. '-11y J. ta; �enior/Vlce President 7 Lake Alan Henry Watershed Management and Planning Page 12 of 12 EXHIBIT A LAKE ALAN HENRY WATERSHED MANAGEMENT AND PLANNING SCOPE OF SERVICES Background The City of Lubbock (City) desires to prepare a watershed management plan for Lake Alan Henry (LAH). This project allows the City to finish the development of a watershed management plan and a plan to implement best management practices that will assist in protecting the lake from potential threats. LAH is a very important strategic water supply for the City. Approximately 20% of the City's water supply comes from the lake currently. In the future, up to 40% of the City's water supply may come from the lake. As part of this project, HDR will evaluate known threats, recommend best management practices, and provide guidance on the implementation of effective best management practices. Scope of Services HDR will perform the following tasks for the City. Task 1. Review the City's Draft Watershed Management Plan HDR will complete a third -party review of the watershed management framework that has been completed to date. We understand that stakeholder input meetings have been initiated and that threats to the watershed have been identified. HDR will assess data collected by the City, information and notes from stakeholder meetings, and threats identified. This task will include a meeting with City staff to discuss the goals of the watershed planning effort and identify potential stakeholders who could benefit from the program. As part of this meeting, a preliminary schedule for completing these goals will be determined. In addition, the meeting will include identification of potential outside funding sources. Task 2. Compile Data Existing readily available data not already a part of the City's current efforts will be compiled and placed into a Geographic Information System (GIS) database for data evaluation and quality assurance. Both spatial datasets (e.g., topography, landuse/landcover, soils, demographics), as well as watershed water quality monitoring datasets (e.g., septic system data, in -lake sampling), will be gathered. Data sources may include but are not limited to the Texas Commission on Environmental Quality (TCEQ), U.S. Environmental Protection Agency (EPA), U.S. Geological Survey (USGS), Texas Water Development Board (TWDB), Texas Natural Resources Information System HDR Engineering, Inc. Page 1 of 8 Lake Alan Henry Watershed Management, Planning and Implementation (TNRIS), and the Texas Railroad Commission (RRC). The TCEQ and the Brazos River Authority (BRA) will be the primary sources for water quality monitoring data that are maintained as part of the Clean Rivers Program. HDR will delineate subbasins within the Lake Alan Henry watershed. The general drainage patterns will be evaluated in conjunction with other data such as soils, stream flows and water quality, leading into initial subbasin pollutant loading and sedimentation estimates. City staff will provide watershed data compiled in their initial efforts. This data will include GIS data, water quality data, and land owner information. As part of the final deliverable, HDR will provide a GIS database of compiled data in electronic format. Task 3. Identify and Prioritize Best Management Practice As part of this task, HDR will identify BMPs and facilitate prioritization of these identified management strategies. Task 3.1 BMP Identification A component of the project will be the identification of appropriate BMPs. Available BMP performance data, particularly data from the Lake Alan Henry Watershed and data from regions with similar climate, soil, and other characteristics, and available references will be compiled and reviewed to determine the appropriateness and effectiveness of candidate BMPs. Identification of BMPs will include the following activities: 1. Review of applicable national assessments (such as the USDA -led Conservation Effects Assessment Project and the Cooperative State Research, Education and Extension Service Competitive Grants Watersheds), with a focus on areas with similar climate, hydrology and soil conditions as the Lake Alan Henry Watershed, 2. Interviews with technical representatives from non -point source watershed efforts (such as local conservation districts), 3. Review of BMP implementation surveys, and 4. Consideration of effectiveness of monitoring results and stakeholder response and ease of implementation. Task 3.2 BMP Prioritization HDR will review and prioritize the BMPs and recommendations contained in the Plan. HDR will prepare an initial ranking of capital projects prior to a City staff workshop. HDR will use feasibility -level cost estimates for recommendations presented in the Plan. Prioritization of projects will be based on a qualitative estimation of "return on investment" for the City. This task will include communication with the City to discuss criteria for the evaluation. HDR Engineering, Inc. Page 2 of 8 Lake Alan Henry Watershed Management, Planning and Implementation With the widely varying focus of stakeholders in the watershed, coordination of the implementation of the Plan will be important. HDR will implement an approach to project prioritization called Pairwise Comparison. This approach can help resolve many of the decisions facing City staff as they work to implement the Plan, while balancing community needs and finite resources. Having a defined approach to project prioritization provides consistent application and transparency among groups of varied interests. The Pairwise Comparison approach uses a flexible method of criteria scoring and application of weighting factors based on the criterion's relative importance and is applicable to most situations where the relative priority of projects is either not obvious or when the process requires consistency and transparency. Based on recommendations outlined in the Plan and communication with City staff, HDR will prepare a matrix of concepts related to the Plan's recommendations. HDR will develop initial prioritization criteria and will review the criteria with the City for their concurrence. HDR will apply those criteria to recommendations in the Plan. Task 3.3 Staff Workshop HDR will facilitate a one half -day workshop for City staff that could include other stakeholders, if desired. The workshop will include the following: • Overview of recommendations in the Lake Alan Henry Watershed Management Plan • Observations by HDR through the Pairwise Comparison matrix • Preliminary ranking by HDR • Group discussion • Incorporation of input from City staff and other attendees After the workshop has been completed, HDR will finalize the priority -ranked list of capital planning projects based on staff input. HDR will compile the results of its analysis with feedback and information received during the City workshop into a draft technical memorandum for submittal and review by City staff. A final technical memorandum will be issued one week after comments are received from the City. Task 4. Finalize Watershed Management Plan As part of this task, the Watershed Management Plan will be finalized. An electronic draft of the report will be presented to the City for review. The HDR Team will respond to comments and suggestions and prepare a final report within three weeks of receiving the City's comments. The final report will be delivered in electronic Portable Document Format (PDF) with six (6) hard copies. HDR Engineering, Inc. Page 3 of 8 Lake Alan Henry Watershed Management, Planning and Implementation Task 5. Proiect Administration Project administration and quality assurance/quality control (QA/QC) activities will be performed under this task. Task 6. Present Overview of the Watershed Management Plan to the LWAC The final results of the project will be presented to the Lubbock Water Advisory Commission (LWAC) when requested by the City. A PowerPoint presentation of the findings and conclusions of the work effort and recommendations for BMP implementation will be prepared. This presentation will be reviewed with City staff prior to presentation to the LWAC. This scope of work anticipates that one staff member of HDR will attend the presentation in Lubbock and be available to answer questions. Deliverables include a PowerPoint presentation and any associated boards and visual aids, including handout packages for the LWAC members. Additional Services Additional services that are not included in this Scope of Work, but could be considered in the future include developing an implementation plan and providing services to assist the City in implement the BMPs in the Lake Alan Henry Watershed Management Plan. Using the results of the prioritization process, HDR could develop an Implementation Plan, as part of the Lake Alan Henry Watershed Management Plan. This Implementation Plan could include identification of responsible parties, areas of responsibility, available funding, timelines, and an implementation schedule. Key action items within the Plan could include: BMP implementation strategies, adaptive management strategies, ways to measure progress toward goals, performance measures and targets, and a BMP effectiveness monitoring plan. HDR Engineering, Inc. Page 4 of 8 Lake Alan Henry Watershed Management, Planning and Implementation Project Schedule The proposed timeline for completion of the major tasks of the Scope of Work is as follows: Task Description Schedule Task 1 Review City's Draft Watershed Management Plan 1 month from Notice to Proceed Task 2 Compile Data 4 months from Notice to Proceed Task 3 Identify and Prioritize Best Management Practice 8 months from Notice to Proceed Task 3.1 BMP Identification 6 months from Notice to Proceed Task 3.2 BMP Prioritization 7 months from Notice to Proceed Task 3.3 Staff Workshop 8 months from Notice to Proceed Task 4 Finalize Watershed Management Plan Task 5 Project Administration Ongoing throughout project Task 6 Present Findings to the LWAC When requested by the City HDR Engineering, Inc. Page 5 of 8 Lake Alan Henry Watershed Management, Planning and Implementation EXHIBIT B LAKE ALAN HENRY WATERSHED MANAGEMENT, PLANNING AND IMPLEMENTATION BUDGET CITY and ENGINEER have established a not -to -exceed fee of $115,300 to complete all services under this Contract, as shown below by major task. This amount will not be exceeded without a contract amendment. As estimated fees for each task are estimates only, CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not -to -exceed fee. Fees will be billed as total salary costs times a multiplier of 2.191 plus direct expenses. Salary costs are defined as direct labor rates plus fringe benefits. ENGINEER agrees to complete these services as delineated above. Should a change in Scope of Services or Time of Performance be necessary, an amendment to this contract shall be negotiated at that time. The following table summarizes the fee estimated to be required to complete the above scope of work. Task Task Description Fee 1 Review City's Draft Watershed Management Plan $12,400 2 Compile Data $21,800 3 Identify and Prioritize Best Management Practice $35,200 4 Finalize Watershed Management Plan $27,400 5 Project Administration $14,100 6 Present Findings to the LWAC $4,400 Total Fee $115,300 HDR Engineering, Inc. Page 6 of 8 LAKE ALAN HENRY WATERSHED MANAGEMENT, PLANNING AND IMPLEMENTATION BREAKDOWN OF LABOR HOURS Dunn Kasch, M Lemonds, PJ Newell, P Krohmann, J Cose , C Javvaji, K Admin Water Water Task Project Project Resources Resources Admin/ Total No. Task Description Principal OA/OC Manager Engineer EIT Accounting GIS Specialist Steno Total Hours Travel other Fee 1 Review City's Draft Watershed Management Plan 1.1 Review and incorporate into final report 3 4 40 6 20 8 2 $0 $12,400 Total Task 1 3 4 40 6 20 8 2 83 $0 $0 $12,400 2 Compile Data and Finalize Watershed Management Plan 2.1 Data Compilation 24 40 10 56 32 SO $21,800 Total Task 2 24 40 10 56 32 162 SO SO $21,800 3 Identify and Prioritize Best Management Practices 3.1 BMP kleatificabon 3 4 40 20 8 S0 $11,300 3.2 BMP Prioritization 3 4 48 8 8 $0 $11,200 3.3 Staff Workshop 8 2 32 20 8 4 $1,200 $0 $12,700 Total Task 3 14 10 120 48 24 4 220 $1,200 SO $35,200 4 Finalize Watershed Management Plan 4.1 Draft and Finalize Report 6 16 80 10 40 32 4 S100 $27,400 Total Task 4 6 16 80 10 40 32 4 188 $0 $100 S27,400 5 Project Administration 5.1 Setup, Ongoing PM 4 32 32 2 $0 $11,600 5.2 PARR Review 4 2 6 2 $0 $2,500 Total Task 5 8 2 38 32 4 84 $600 SO $14,100 6 LWAC Present Overview of the Watershed Management 6.1 LWAC Meeting 2 12 6 4 $600 SO $4,400 Total Task 6 2 12 6 4 - 24 $600 SO I S4,400 Total 33 56 330 26 170 32 100 14 761 $2 400 $100 $115,300 HDR Engineering, Inc. Page 7 of 8 LAKE ALAN HENRY WATERSHED MANAGEMENT, PLANNING AND IMPLEMENTATION HOURLY RATE SCHEDULE Rates for January 1, 2017 through December 31, 2017 Specific Rates for Water Resources Engineering Support HDR Engineering, Inc. Job Titles & Classifications Rate Range Principal $ 220.00 $ 300.00 Engineers Sr. Water Resources Engineer / Project Manager $ 150.00 $ 275.00 Water Resources Engineer $ 135.00 $ 225.00 Hydrologist $ 110.00 $ 190.00 Technical / Support Staff GIS Analyst $ 100.00 $ 180.00 GIS Technician II $ 75.00 $ 160.00 Administrative II / Accountant $ 63.00 $ 170.00 Administrative I / Clerical $ 47.25 $ 100.00 Rate Calculation Fees will be billed as total salary costs times a multiplier of 2.191 plus direct expenses. Salary costs are defined as direct labor rates plus fringe benefits. Direct expenses will be passed through directly to the City of Lubbock with no multiplier and include mileage (standard IRS reimbursable rate), lodging, Per Diem expenses, incidentals, and copier/plotting costs. *Note: The rates are for January 1, 2017 through December 31, 2017. Proposed new rates, in subsequent years, will be negotiated on an annual basis and will include cost -of -living escalation and other factors relevant at that time. HDR Engineering, Inc. Page 8 of 8 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 Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-204668 HDR Engineering, Inc. Austin, TX United States Date Filed: 05/09/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 05/15/2017 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. 92451 Professional Engineering Services 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary HDR, Inc. Omaha, NE United States X Little, George A. Omaha, NE United States X Keen, Eric L. Omaha, NE United States X Felker, Brent R. Davis, CA United States X O'Reilly, Charles L. Boston, MA United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I 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 1of1 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: 2017-204668 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HDR Engineering, Inc. Austin, TX United States Date Filed: 05109/2017 2 Name of governmental entity or state agency that is a party to 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. 92451 Professional Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary HDR, Inc. Omaha, NE United States X Little, George A. Omaha, NE United States X Keen, Eric L. Omaha, NE United States X Felker, Brent R. Davis, CA United States X O'Reilly, Charles L. Boston, MA United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Lisa Florw SkKW ;'F:.....;4 •: Notary Pubbc ;� State of Texas My Commission E)rree A xt 9, lure 6f vihoriz agP of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said AC4 ( this the q N' day of 20 l'r to certify which, witness my hand and seal of office. 4,4.- SA. kLAS cC-f4lWed Signature of officer admWistenng 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