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HomeMy WebLinkAboutResolution - 2021-R0008 - Professional Services Agreement 15688 with HDR Engineering, Inc. 1.12.21Resolution No. 2021-R0008 Item No. 7.12 January 12, 2021 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 and on behalf of the City of Lubbock, an Professional Service Contract No. 15688 for wastew, system and land application evaluations, permitting, and related services, by and between City of Lubbock and HDR Engineering, Inc., and related documents. Said Contract is attac hereto and incorporated in this resolution as if fully set forth herein and shall be included in minutes of the City Council. Passed by the City Council on January 12 , 2021. DANIEL M. POPE, MAYOR ATTEST: Reb ca Garza, City S-ecre16 APPROVED AS TO CONTENT: Assistant City APPROVED AS TO FORM: RESTS Contract-HDR (12-9-20) Resolution No. 2021-R0008 Professional Services Agreement STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement') Contract No. 15688 is entered into this 12th day of January, 2021, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and HDR Engineering, Inc., (the" Engineer"), a Nebraska corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for wastewater system and land application evaluations, permitting, and related services, (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the 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 in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 18 months. If the Engineer determines that additional time is required to complete the Services, the Director of Water Utilities, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as 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. Land Application Closure Evaluation Page 1 of 18 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $249,400 as set forth in Exhibit `B". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement 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. The 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. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Land Application Closure Evaluation Page 2 of 18 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The 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. The Engineer will and shall conduct all activities contemplated by this Agreement 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. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement 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. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the 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 the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The 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 The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The 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, the Engineer and the 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 Land Application Closure Evaluation Page 3 of 18 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 The 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 the 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. The 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 the 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 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: Per Claim and in the Aggregate Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 The 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 the 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. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. Land Application Closure Evaluation Page 4 of 18 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. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the 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, the Engineer fails to maintain the required insurance in full force and effect, the 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 the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement 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 Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The 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 Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Land Application Closure Evaluation Page 5 of 18 ARTICLE X. CONFIDENTIALITY The 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 THE 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 ATTORNEYS 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 THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT 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 The 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 Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement 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. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Land Application Closure Evaluation Page 6 of 18 Paula Jo Lemonds, P.E., PG HDR Engineering, Inc. 4401 West Gate Blvd., Suite 400 Austin, Texas 78745 Telephone: (512) 912-5127 Facsimile: (512) 912-5158 paula.lemondsnaAhdrinc.com C. City's Address. The City's address and numbers for the purposes of notice are: Aubrey A. Spear, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79401 Telephone: 806-775-2585 Facsimile: (806) 775-3027 asnearO,mylubbock.us 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 Agreement, 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 Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The 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 Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The 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, the Engineer's books and records with respect to this Agreement between the Engineer and the City. Land Application Closure Evaluation Page 7 of 18 C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT 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 AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement 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 Agreement 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 Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through `B" attached hereto, contains the entire agreement between the City and the 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 the Engineer and the City. Land Application Closure Evaluation Page 8 of 18 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 the 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. L. Notice of Waiver. A waiver by either the City or the 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 parry'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 the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement 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 Agreement, the City will terminate the Agreement, 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 Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, 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 Agreement beyond the Non -Appropriation Date. O. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Section 2270.002, Government Code, (a) This section applies only to a contract that: (1) Is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Land Application Closure Evaluation Page 9 of 18 REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Land Application Closure Evaluation Page 10 of 18 EXECUTED as of the Effective Date hereof. ATTEST: Reb cca Garza, City Secreta APPROVED AS TO CONTENT: Aubrey A. Spe .E., Director of ater Utilities APPROVED AS -TO FORM: Amy Sims, CITY OF L BBOCK Daniel M. Pope, Mayor Firm HDR Engineering, Inc. Mark Borenstein, P.E., Vice President Land Application Closure Evaluation Page 11 of 18 Exhibit A Land Application Closure Evaluation Scope of Services Background A goal of the City of Lubbock is to use its treated wastewater for beneficial purposes including eventual direct or indirect potable reuse. The City currently sends its treated wastewater to the Brazos River, to the Xcel Jones Power Plant, and to the Lubbock and Hancock Land Application Sites. The City of Lubbock has utilized treated wastewater effluent for irrigation at the Lubbock Land Application Site (LLAS) since, at least, the 1930s. As early as 1968, the City became aware of a water table mound beneath the LLAS. This groundwater also contained high levels of nitrate nitrogen. In the 1970's, the City began pumping groundwater from the water table mound into the Jim Bertram Lake System (JBLS) as part of a remediation program. The remediation program was formalized in the late 1980's in response to an Agreed Order between the City and the Texas Commission on Environmental Quality (TCEQ). In 2009, the Agreed Order was closed, and the requirements became part of the Southeast Water Reclamation Plant (SEWRP) operating permit. The City of Lubbock also utilizes wastewater effluent for irrigation at the Hancock Land Application Site (HLAS). Over the past 15 years, the City has completed major upgrades to the SEWRP including biological nutrient removal (BNR) at Plant 4 so the treated wastewater can be discharged to the Brazos River. The long-term goal of these upgrades is to prepare for potable reuse in the future. The City has plans to upgrade Plant 3 in the next few years so that 100 percent of the treated wastewater being discharged from the SEWRP is of a quality to be received in the stream. The City is seeking to use its treated wastewater for intermediate beneficial purposes until the water can be reused for drinking water. As the City transitions to stream quality discharge and other beneficial uses of the treated wastewater, it will become less reliant on land application of the effluent. Project Scope of Work The project's purpose is to evaluate alternatives toward land application closure. The City of Lubbock has contracted with HDR Engineering, Inc. (HDR) for professional services in accomplishing the project purpose. Task 1: Develop Closure Evaluation Goals HDR will meet with City staff in person to discuss the land application sites closure evaluation goals. HDR will document key points from the discussion and develop a technical memorandum identifying the stated objectives of the City's Land Application Sites Closure Evaluation plan. Discussion at the meeting will include but is not limited to the following items. • Potential future operational scenarios; • Potential uses of the land application sites upon closure or at a reduced loading; • Estimated time frames when wastewater may be discharged/reused at locations other than the land application sites; • Real estate and existing lease agreements between City and third parties; Land Application Closure Evaluation Page 12 of 18 • Existing and potential wastewater sales to others; and • Advisability of digital mapping, including Light Detection and Ranging (LIDAR) methods, of the site(s). Assumptions • HDR will have two staff members attend the in -person kickoff meeting in Lubbock. • HDR will produce the draft technical memorandum three weeks after the kickoff meeting in Lubbock. • HDR will provide an agenda for the kickoff meeting and will seek input from the City for content and timeframe of the meeting. Deliverables Draft and final technical memorandum. HDR will provide an electronic draft of the memorandum to the City for review. HDR will respond to comments and prepare the final technical memorandum within ten business days of receiving the City's comments. The final memorandum will be delivered in electronic format to the City. Task 2. Identification and Selection of Alternative Operational Scenarios Guided by the results from Task 1, HDR will identify and perform a screening of potential operational scenarios. Task 2.1 Screening and Selection of Site Operational Scenarios Building on information from Task 1, HDR will work with City staff to formulate up to six (6) operational scenarios. The scenarios will be based on considerations such as regulatory issues, implementation feasibility of scenarios, and other issues such as real estate contracts and sale of reuse water. Possible future operational scenarios include: • Full closure of one or both land application sites; • Reduced operations of the sites in which a portion of each site could remain operable; and • Reuse of reclaimed water for other purposes. A rating matrix comparing attributes for each of the potential closure scenarios will be developed. For each attribute in the matrix, a numerical rating (such as, 0 to 10, for example) will be assigned by HDR using professional judgment (qualitative) as to the favorability of the project related to the given attribute, weighted (if deemed necessary by the City), and summarized. This list of potential scenarios and ratings will be presented to the City for review. A conference call or webinar with HDR and City staff will be scheduled to discuss the ranking of the list of potential closure scenarios. The result is expected to be the selection of up to 3 scenarios for a reconnaissance level review. Task 2.2 Reconnaissance Level Review of the Potentially Favorable Operational Scenarios For three of the operational scenarios, HDR will prepare a more detailed assessment based on factors, such as: a) Development of Lake 7, as informed through completion of Task 2.3; b) Regulatory and permitting issues, as informed through completion of Task 2.4; c) Operational financial impact, as informed through completion of Task 2.5 d) Existing and future contracts for reuse water; e) Estimated time frames when wastewater may be discharged/reused at locations other than the land application sites; f) Real estate and existing lease agreements between City and third parties Land Application Closure Evaluation Page 13 of 18 HDR will coordinate with the City's outside consultants for specific information related to operational scenario reconnaissance level review as follows: • Soil scientist consultant, regarding existing and future cropping plans and optimization of the water and nitrogen balance; • Financial impact consultant, regarding the operational financial impacts of operational scenarios; and • Legal counsel, regarding permitting and regulatory issues of operational scenarios. Task 2.3 Lake 7 Development As part of the reconnaissance level review, HDR, in cooperation with the City, will consider the effects of the development of Lake 7 on the potential operational scenarios. • How the implementation of Lake 7 will coincide with the potential LLAS closure. For example, the land application site may serve as a wildlife mitigation area that would be required as part of the construction of Lake 7. • How land lease agreements may be discontinued or continue depending on future land use • Land use issues related to residential development around Lake 7 on land application property. • Others issues determined by the City. Task 2.4 Determination of Required TCEQ Documentation HDR will coordinate with TCEQ regarding the operational scenarios determined as part of Task 2.1. This task will occur concurrently with Tasks 2.1 and 2.2. Coordination activities will include determination of the necessary documentation required by TCEQ for the operational scenarios, including full closure of the site(s). Task 2.5: Effects of Closure Scenarios on Existing TPDES Permit In cooperation with City staff and in consultation with TCEQ staff, HDR will assess the effects of the land application sites closure scenarios on the existing TPDES permit including monitoring and Remediation Work Plans. This task will occur concurrently with Tasks 2.1 and 2.2 to develop the operational scenarios. An update of the remediation work plan is not included as part of this scope of work and is considered Additional Services for which a contract amendment and increase offee will be required. Task 2.6.Operational Financial Impact of Various Scenarios HDR will prepare planning level estimates of the revenue and expenses of the scenarios outlined in Task 2 using existing information, such as the revenue from the sale of reuse water and expenses related to the continued operations and maintenance of the land applications sites. A comparison of scenario estimates will be completed to determine the financial impact in the short term and long term for the City's operations. HDR. will coordinate with the City's financial impact consultant to evaluate the revenues and expenses of the operational scenarios. Assumptions • Definitions of short and long terms will be defined by the City • Reporting of Task 2 findings will be provided as part of Task 3. • HDR and City staff will participate in the conference call or webinar as described in Task 2.1. • City's outside consultants will provide information as needed for the completion of the task. Deliverables • As part of Task 2.1, the list of potential scenarios and ratings will be presented to the City for review as a technical memorandum. HDR will provide an electronic draft of the memorandum to the City for review. HDR will respond to comments and prepare the final technical memorandum Land Application Closure Evaluation Page 14 of 18 within ten business days of receiving the City's comments. The final memorandum will be delivered in electronic format to the City. • HDR will provide the results of the remaining Task 2 subtasks in a final deliverable as described in Task 3. Task 3. Present Findings to Staff A project report will be prepared and will include: • Background information; • Selection and feasibility -level evaluation of potential operational scenarios; and • Recommendations for future feasibility assessment of highly scored scenarios. An electronic (PDF) draft of the report will be presented to the City for review. HDR will respond to the 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 (PDF) format. HDR will present project updates to the Water Utility staff, city management, and the Lubbock Water Advisory Commission (LWAC) as requested by the City. A PowerPoint presentation of the status of the project and conclusions of the work effort will be prepared. This scope of work anticipates that one member of the HDR Team will attend three presentations in Lubbock and be available to answer questions. Assumptions • City staff will be meeting face-to-face for meetings such as the LWAC. If the City is conducting meetings on a virtual basis, HDR will participate virtually. • City will conduct Final Report review within 3 weeks of receipt of draft report. Deliverables The results of this task will be documented and delivered to the City as follows: • Ten hard copies of the Final Report and one electronic copy of report. • Attendance in Lubbock by one member of the HDR Team for three presentations to Water Utility staff, city management, and/or the LWAC. • PowerPoint presentation and associated boards and visual aids, including handout packages for the meetings. Task 4. Proiect Administration, Controls. OA/OC and Communication HDR will complete the steps necessary to establish a project within HDR's financial and project management system, prepare project updates, plan for resources, and manage the ongoing work of the project. Financial accounting, internal project reviews and quality control reviews of work products will be completed under this task. HDR will lead a Project initiation conference call following notice to proceed from the City. During the call, HDR and the City will: • Review and establish milestone dates for completion of the scope of work, • Review invoicing requirements and timing, • Establish project communication protocols, and • Identify data needs from the City and coordinate transfer of information. Additional Services Given outcomes of alternatives for the sites and wastewater reuse, HDR can assist in acquiring new permits or revising existing permits. Permitting assistance is not included as part of this scope of work and is considered Additional Services for which a contract amendment and increase of fee will be required. Land Application Closure Evaluation Page 15 of 18 Project Schedule The proposed timeline for completion of the major tasks of the Scope of Work is as follows: Task Description Schedule 1 Develop Closure Evaluation Goals 2 months from Notice to Proceed 2 Identification and Selection of Alternative 16 months from Notice to Proceed erational Scenarios 2.1 Screening and Selection of Site 6 months from Notice to Proceed Operational Scenarios Reconnaissance Level Review of the 2.2 Potentially Favorable Operational 14 months from Notice to Proceed Scenarios 2.3 Lake 7 Development 12 months from Notice to Proceed 2.4 Determination of Required TCEQ g months from Notice to Proceed Documentation 2.5 Effects of Closure Scenarios on Existing 16 months from Notice to Proceed TPDES Permit 2.6 Operational Financial Impact of Various 16 months from Notice to Proceed Scenarios 3 Present Findings to Staff Presentations: When requested by the City Report: 18 months from Notice to Proceed 4 Project Administration, Controls, QA/QC Ongoing throughout project and Communication Land Application Closure Evaluation Page 16 of 18 Exhibit B Land Application Closure Evaluation Budget CITY and ENGINEER have established a not -to -exceed fee of $249.400 to complete 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 total 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 services. Task Description Budget 1 Develop Closure Evaluation Goals $ 23,900 2 Identification and Selection of Alternative Operational Scenarios $157,200 3 Present Findings to Staff $ 34,400 4 Project Administration, Controls, A/ C and Communication $ 33,900 Total $249 400 Land Application Closure Evaluation Page 17 of 18 Hourly Rate Schedule Rates for October 1, 2020 through December 31, 2022 Specific Rates for Water Resources Engineering and Field Support HDR Engineering, Inc. Job Titles & Classifications Rate Range Principal $ 270.00 $ 350.00 Engineers / Geologists Senior Water Resources Engineer / Senior Geologist / Project Manager $ 175.00 $ 320.00 Water Resources Engineer (PE) / Geologist (PG) $ 135.00 $ 225.00 Geologist (GIT) / Engineer (EIT) $ 125.00 $ 200.00 Hydrologist $ 110.00 $ 190.00 Environmental Scientists Senior Environmental Scientist $ 165.00 $ 280.00 Environmental Scientist $ 100.00 $ 165.00 Field Staff Senior Field Technician $ 100.00 $ 150.00 Field Technician $ 50.00 $ 100.00 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: Proposed new rates, in subsequent years, will be negotiated in January of each year on an annual basis, if necessary, and will include cost -of -living escalation and other factors relevant at that time. Land Application Closure Evaluation Page 18 of 18 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. 2023-969584 HDR Engineering, Inc. Austin, TX United States Date Filed: 01/06/2023 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. 15688 — Land App Closure Eval 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 Keen, Eric Omaha, NE United States X Meysenburg, Galen Omaha, NE United States X LeCureux, David Omaha, NE United States X McLaughlin, Thomas White Plains, NY United States X Henderson, John Omaha, NE United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Mark D. Borenstein and my date of birth is viy address is 710 Hesters Crossing, #150 Round Rock TX , 78681 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Williamson County, State of Texas , on the 6 day of January, 2023 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 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. 2023-969584 HDR Engineering, Inc. Austin, TX United States Date Filed: 01/06/2023 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: 01/15/2023 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. 15688 — Land App Closure Eval 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 Keen, Eric Omaha, NE United States X Meysenburg, Galen Omaha, NE United States X LeCureux, David Omaha, NE United States X McLaughlin, Thomas White Plains, NY United States X Henderson, John Omaha, NE United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0