Loading...
Res 117-2014 10/21/2014PAGE 1 OF 19 PAGES AGENDA ITEM NO. 9.B RESOLUTION NO. 117-2014 Resolution authorizing the City Manager to execute an Interlocal Cooperative Contract with Tarrant Regional Water District for a Feasibility Study of Augmenting Regional Water Supply Systems with Impaired Groundwater for a total fee not to exceed $75,000 WHEREAS, the City of Wichita Falls, Texas (the “City”) owns and operates surface water supply reservoirs; and WHEREAS, the City desires to investigate the potential of supplementing these surface water reservoirs with groundwater ; and WHEREAS, the City desires to partner with Tarrant Regional Water District to investigate the potential for groundwater development as a water supply in Red River Alluvium, Seymour Aquifer, Paleozoic Formations and the Northern Trinity Aquifer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager of the City of Wichita Falls is h ereby authorized to execute an Interlocal Cooperative Contract with Tarrant Regional Water District to perform a study to investigate the potential of groundwater supply . PASSED AND APPROVED this 21th day of October, 2014. ______________________________ M A Y O R ATTEST: ____________________ City Clerk PAGE 2 OF 21 PAGES AGENDA ITEM NO. 9.B Interlocal Cooperation Contract between the City of Wichita Falls and Tarrant Regional Water District for a Feasibility Study of Augmenting Regional Water Supply System for TRWD and Wichita Falls with Impaired Groundwater. This Interlocal Cooperation Contract (the "Contract") is executed on August ??, 2014 by and between the City of Wichita Falls, a Texas municipal corporation (hereinafter called "Wichita Falls") and the Tarrant Regional Water District, a conservation and reclamation district and political subdivision of the State of Texas, (hereinafter called "TRWD") to study augmenting the regional water supply system for TRWD and Wichita Falls with impaired groundwater, at a cost not to exceed $300,000 (50% Bureau of Reclamation WaterSMART Grant and 50% cost shared equally between TRWD and Wichita Falls). WITNESSETH: WHEREAS, the area served by the TRWD has experienced and continues to experience rapid business and population growth with accompanying increased demands for municipal water supplies, a trend that is expected to continue for the foreseeable future; WHEREAS, Wichita Falls and TRWD recognize that optimal development, conservation and use of Texas' water resources depends upon cooperative inter -regional planning and development; WHEREAS, Wichita Falls and TRWD own, operate and have contractual water rights in surface water reservoirs in different and unique geographical, hydrological, climatic and geological areas of the state; WHEREAS, Wichita Falls and TRWD further enhance their respective water supply system’s reliability with a geographically diversified water supply and enhances its energy efficiency with water supplies located at a higher elevation than its water consumption; WHEREAS, the parties desire to determine the feasibility of augmentation of the regional water supply system for TRWD and Wichita Falls with impaired groundwater as a water supply for the parties to this Contract; WHEREAS, the parties desire to solicit proposals for professional services to perform the study of impaired groundwater resources; and WHEREAS, the parties find that this Contract complies with all prerequisites of the Texas Interlocal Cooperation Act and each party hereby specifies that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. NOW, THEREFORE, TRWD and Wichita Falls endorse and accept the following principles to study and evaluate the potential for augmenting the regional water supply system for TRWD and Wichita Falls with impaired groundwater as a potential water supply for both entities: ARTICLE I: FEASIBILITY STUDY 1.1. TRWD and Wichita Falls agree to study augmenting the regional water supply system for TRWD and Wichita Falls with impaired groundwater. 1.2. TRWD will be the lead agency for securing granting funding from the Bureau of Reclamation WaterSMART Program and contracting for professional services to perform the WaterSMART study (the “Study”), pursuant to the attached Professional Services Agreement, which may be amended by both parties pursuant to Section 1.7. TRWD shall not issue a notice to proceed on professional services pending written concurrence with scope, fee and compliance with grant requirements. PAGE 3 OF 19 PAGES AGENDA ITEM NO. 9.B 1.3. TWRD will pay for half of the cost of the Study with the aforementioned grant. Wichita Falls and TRWD shall each pay half of the remaining half of the Study’s cost, so that TRWD and Wichita Falls each ultimately pays for 25% of the Study’s cost. The total amount payable by Wichita Falls to TRWD pursuant to this agreement shall not exceed $75,000. Wichita Falls shall transmit funds to TRWD within 30 days following receipt of each of TRWD written request for payment. Invoices shall be delivered to Wichita Falls at the discretion of TRWD to accommodate Wichita Falls reimbursement for the professional services authorized by this Section, Additional Services authorized in accordance with Section 1.6 or professional services authorized by modification in accordance with Section 1.7 of this agreement. 1.4. TRWD and Wichita Falls shall coordinate in sharing information and expertise in performing the Study with the Bureau of Reclamation , and the results of the study will be available to the parties. Each party to this Contract shall be entitled to equal access to the analysis and support ing data. If a request for public information is received by either party which may include the Study, the parties agree to notify the other of the receipt of any such request and to reasonably cooperate in asserting any exceptions or exemptions from disclosure which may be applicable under the Texas Public Information Act. 1.5. Neither party to this Contract shall be entitled to payment of or reimbursement for its staff or internal costs incurred in connection with the activities contemplated hereby or for its legal services rendered in connection with the drafting, negotiation or approval of this Contract. 1.6. During the performance of this Contract, TRWD shall regularly coordinate with Wichita Falls to ensure that Wichita Falls is receiving timely progr ess reports and information on study performance. TRWD shall forward copies of deliverables to Wichita Falls, and such deliverables shall be jointly owned by TRWD and Wichita Falls. The parties may jointly request Additional Services of the Engineer or other consultant pursuant to written direction by the Director of Public Works of the City of Wichita Falls and the General Manager of TRWD. Such written direction by Wichita Falls shall constitute authorization to proceed and intent by Wichita Falls to provide payment for such Additional Services within 30 days after TRWD’s written requests for payment. TRWD will issue all directions to Engineer and may condition initiation of the performance of Additional Services on receipt of funds from Wichita Falls. 1.7. The provisions of this contract or the attached Professional Services Agreement may be modified by mutual agreement of the parties. Such modifications shall be authorized in writing by the Director of Public Works of the City of Wichita Fall s and the General Manager of TRWD. Modification of this agreement or the attached Professional Services Agreement that increase the cost of the feasibility study shall only be effective to the extent (1) Wichita Falls fully funds the changed provision and (2) Wichita Falls has performed all legal prerequisites to authorize the expenditure of the funds necessary to fully cover such changed provision. TRWD may condition initiation of performance of an increased scope of services on receipt of funds from Wichita Falls for such services. ARTICLE II – GENERAL PROVISIONS: 2.1. The term of this Contract shall be for 18 months from the date of this Contract, unless earlier terminated. Notwithstanding the foregoing, either party may terminate this contract upon at least 60 days written notice to the other par ty. Upon termination, Wichita Falls will be liable for the reimbursement for any expenditure made pursuant to this contract on or before the date on which termination is effective. 2.2. Time is of the essence to the performance of this contract and the receipt of payments for reimbursement obligations hereunder. Failure to timely reimburse TRWD will entitle TRWD to suspend performance of this contract until past due invoices are timely reimbursed. 2.3. Each party reserves the right to withdraw from the joint development of area water supplies, and this Contract does not limit or restrict in any manner the right of each party to ta ke such steps as it deems necessary for the development and delivery of raw water supplies for and to its respective customers, or to use the Study and supporting data and deliverables for such purpose. PAGE 4 OF 19 PAGES AGENDA ITEM NO. 9.B 2.4. Wichita Falls and TRWD are entering into this Contract solely for the benefit of themselves and agree that nothing in this Contract shall be construed to confer any right, privilege or benefit on any person or entity othe r than the parties that have executed this Contract. 2.5. This Contract may not be modified or amended except by an instrument in writing signed by authorized representatives of the parties. 2.6. The terms of this Contract shall be binding upon, and inure to, the benefit of both parties and their permitted successors and assigns. However, no assignment of the rights and duties of either party may be made unless approved in writing by the other party, and no other party may be added to this Contract without the written permission of all parties. 2.7. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas, without regard to conflict of law or choice of law principles of Texas or of any other state. 2.8. The headings of the provisions of this Contract are included for convenience only and shall not be deemed to constitute a part of this Contract. 2.9. Wichita Falls and TRWD agree and acknowledge that this Contract does not create a joint venture, partnership, or joint enterprise, and that neither party is an agent of the other entity and that each party is responsible in accordance with the laws of the State of Texas for its own negligent or wrongful acts or omissions and for those of its officers, agents or employees in conjunction with the perfor mance of services covered under this Contract, without waiving any governmental immunity available to Wichita Falls or TRWD under Texas law and without waiving any defenses of Wichita Falls or TRWD under Texas law. The provisions of this section are solely for the benefit of Wichita Falls and TRWD and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. IN WITNESS WHEREOF, the parties have caused this contract to be executed on their behalf by their duly authorized representatives. City of Wichita Falls Tarrant Regional Water District ______________________________ _____________________________ Darron Leiker, City Manager James M. Oliver, General Manager (seal) Attest: Attest: ______________________________ ______________________________ Tracy Orr, City Clerk Daniel L. Buhman, P.E., Assistant General Manager Approved as to Form: ______________________________ Julia M. Vasquez, Acting City Attorney PAGE 5 OF 19 PAGES AGENDA ITEM NO. 9.B PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (the “Agreement”) is entered into between the Tarrant Regional Water District, a Water Control and Improvement District (the “District”), and Intera Incorporated (“Contractor”), a corporation, authorized to do business in Texas, with cor porate offices at 1812 Centre Creek Drive, Suite 300, Austin, Texas 78754 for the purposes and consideration set forth herein below, and is dated to be effective the ____ day of _____________, 2014 (the “Effective Date”). In consideration of the mutual covenants, agreements, and undertakings herein set forth and other good and valuable consideration, including the District’s obligation to make the payments provided for herein, the District and Contractor do hereby agree as follows: 1. Scope. Contractor agrees to provide services to the District which are necessary and appropriate to Impaired Groundwater Study in accordance with the scope of work and description of services set forth in Attachment “A” attached hereto and incorporated by reference (the “General Services”). In connection therewith, Contractor further agrees to make employees with sufficient background, knowledge and experience at reasonable times for consultation with the District, its employees, agents, attorneys and contractors. It is stipulated that the intended purpose of this Agreement is for Contractor to provide the District with such services as are necessary and appropriate for the District to fulfill its obligations for t he project to which this Agreement relates (the “Project”). The parties hereto recognize that it is impossible at this stage to define with precision the scope of services to be rendered by Contractor with respect to the Project in general. Therefore, Contractor agrees to provide such services as may be reasonably required to effectuate the purposes of this Agreement. In the event of a conflict between the terms of this Agreement and the terms of Attachment“A”, the terms of this Agreement shall govern. 2. Price. For the General Services, Contractor shall be paid amount not to exceed $295,000 in accordance with the schedule set forth in Attachment “B” attached hereto and incorporated by reference. 3. Consulting Services. In addition to the General Services, Contractor agrees to provide general consulting services (the “Consulting Services”) to the District on an as-needed basis. Contractor agrees to make employees with sufficient background, knowledge and experience available at reasonable times for consultation with the District its employees, agents, attorneys, contractors and their respective representatives. District agrees to compensate Contractor at a reasonable hourly rate for providing the Consulting Services. PAGE 6 OF 19 PAGES AGENDA ITEM NO. 9.B 4. Statements. Contractor agrees to submit statements for the General Services and the Consulting Services (collectively, the “Services”) no more often than monthly, addressed to the District at the address set forth below. Such statements shall identify each representative of Contractor providing the Services, a description of the Services provided (e.g., “Meeting with Mr. _______ regarding ____________”) and shall set forth the charge due for each such item of Services (broken down to the nearest quarter hour, if an hourly charge) with a line item extension for each such charge, separately itemize expenses for which reimbursement is sought, and contain a certification by a manager of Contractor that the services for which compensation is requested has been completed. All such statements shall contain such other and further information as the District may rea sonably require to provide an adequate description of all services rendered. Travel and other out-of-pocket expenses shall be billed at cost, and all travel will be in conformance with the then -current standards and rules of the U.S. General Services Administration travel policy, subject to reasonable adjustment by the District. 5. Payment. The District agrees to use its best efforts to remit payment for each such statement within thirty (30) days after receipt of same in proper form. The District and Contractor each agree to reasonably cooperate with the other in resolving any issues pertaining to the description of or scope of Services rendered, and payment thereof. 6. Access to Files. Contractor agrees to maintain files documenting all activities underta ken in connection with the performance of the Services, including all contacts and communications with third parties in the course of providing the Services. The District and its representatives shall have ongoing access to such files and information, and on a periodic basis as requested by the District, and in any event upon completion of all Services, the District will be supplied with eith er the original or a complete copy of the files maintained by Contractor, organized in such a manner as to allow the District to readily access information pertaining to the Services. 7. Standard of Performance. Contractor agrees to provide the Services in a good, professional, and workmanlike manner, recognizing that time is of the essence to the Services and the Project, consistent with professional skill and care and the orderly progress of the Project. Contractor agrees to file all necessary registrations and reports with all applicable regulatory authorities which may be required in the course of providing the Servi ces. Contractor further agrees to provide the Services in a manner which complies with all applicable federal, state, and local laws and regulations. The District agrees to cooperate with Contractor by providing information in its possession, staff acces s, and such other and further resources reasonably available to it as may be necessary to facilitate the timely and proper rendition of the Service s. PAGE 7 OF 19 PAGES AGENDA ITEM NO. 9.B District further agrees to provide reasonable and necessary facilities and resources for the performance of the Services, including work space, server access, and computer software.] 8. Diverse Business Requirements. In performance of this Agreement, Contractor will retain “diverse businesses” as defined in the District’s Fair Opportunities Purchasing/Contra cting Policy, as amended from time to time, for subcontracting, consulting and other work for which Contractor is responsible in accordance with the stated goal of 20%. In addition, Contractor will provide all documentation requested by the District relating to participation by diverse businesses in connection with Contractor’s performance of this Agreement 9. Term. This Agreement shall be for a term of twelve (12) months, beginning on the commencement date to be set forth in a written notice to proceed from District to Contractor. 10. No Authority. It is understood and agreed that neither Contractor nor its representatives shall have the authority to bind the District or any related party to any contractual obligation or item of expenditure without the prior written approval of the District. 11. Use of Documents. Contractor acknowledges and agrees that in the course of performing the Services it will develop and produce certain files, correspondence, work papers, budgets, spreadsheets, estimates, reports, data, surveys, maps, drawings, and other information and documentation (collectively, the “Proprietary Information”). All Proprietary Information which is developed by Contractor in connection with the performance of the Services shall be the property of the District upon payment of Contractor’s earned fees thereof, and Contractor shall not use any such information in connection with any other project or for any other purpose, th ough it may retain copies for its permanent files. Contractor agrees that it will provide to the District originals of all such Proprietary Information , which shall become the property of the District. Contractor further acknowledges and agrees that District may use such Proprietary Information in any manner it desires; provided, however; that Contractor shall not be liable for the use of such Proprietary Information for any purpose other than the purposes contemplated herein. 12. Termination. The District reserves the right to terminate this Agreement at any time, with or without cause, by providing thirty (30) days advance written notice thereof to Contractor. Upon such termination the District will take possession of all Proprietary Information created in connection with the rendition of the Services, and Contractor shall make its appropriate personnel available to explain the status of any aspect of the Services or the files and materials provided t o the District upon termination so as to ensure an orderly transition. The District agrees to compensate Contractor for providing PAGE 8 OF 19 PAGES AGENDA ITEM NO. 9.B such transitional consultation at the applicable hourly rate(s) of Consulting Services. Upon any such event of termination b y the District, Contractor shall be paid for Services rendered to the effective date of termination, and any partially completed Services shall be compensated on an equitable, pro rata basis. Contractor reserves the right to terminate this Agreement at any time, with or without cause, by providing ninety (90) days advance written notice thereof to the District. 13. Confidential Information. Contractor acknowledges and agrees that in the course of performing the Services it will develop and produce certain files, reports, data, surveys, maps, drawing s and other information in the execution of the Services. Contractor agrees that it will provide to District originals of all such files, reports, data, surveys, maps, drawings, and other information, which shall be the property of the District. Contract or further acknowledges and agrees that the District may use such files, reports, data, surveys, maps, drawings, and other information in any manner it desires; provided, however, that Contractor shall not be liable for the use of such files, reports, data , surveys, maps, drawings, and other information for any purpose other than the purposes contemplated herein. Further, Contractor acknowledges and agrees that in the course of performing the Services it will acquire information from the District, includin g appraisers, attorneys, and consultants, and that all of such information is and shall be deemed highly sensitive and confidential in natu re. All files, reports, data, surveys, maps, drawings, and other information relating to the Project which are devel oped by Contractor in connection with the performance of the Services shall be the property of the District upon payment of Contractor’s earned fees therefor, and Contractor shall not use any such information in connection with any other project or for any other purpose, though it may retain copies for its permanent files. Except to the extent required by law, or as authorized by the District in writing, neither Contractor nor its agents shall disclose to anyone other than the District or its designated agents any information concerning the Project and the Services, whether before or after any termination of this Agreement. Contractor shall also notify the District of any third party request for such information, and refer the requestor to the District. Because the release of such information could compromise negotiations of the District, it is acknowledged and agreed that the District will not have an adequate remedy at law for any such violation and therefore may seek injunctive or similar relief to prevent the disclosure or unauthorized retention of any such documents or information, in addition to any other remedy provided by law. Contractor further agrees to cause all agents or subcontractors employed by it to execute an agreement containing the following provisions before any of the information described in this Paragraph is provided or disclosed to any such person: The undersigned expressly acknowledges and agrees that in the course of performing the services contemplated hereby, the undersigned will develop and/or obtain information which is PAGE 9 OF 19 PAGES AGENDA ITEM NO. 9.B confidential in nature, the ownership of which is vested in the Tarrant Regional Water District. I agree to maintain any information developed, used or reviewed in connection with this project confidentially, and will not disclose such information to any person unless I am expressly authorized by the District to do so. Further, I will notify the District of any requests I receive for such information and will refer the requestor to the District for response. 14. No Assignment. Contractor acknowledges that final planning for all aspects of the Project is not yet complete, and there may be an allocation of responsibilities among related parties. Accordingly, it is agreed that the Distr ict shall have the rights (1) to assign this Agreement, in whole or in part, to any such related party; and (2) to allocate certain aspects of this Agreement to or among such parties. However, because the Services to be provided by Contractor are personal in nature, Contractor may not assign this contract to a third party without the express written consent of the District, which may be withheld in its sole discretion. 15. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to give any rights or benefits under this Agreement to anyone other than the District and Contractor, and all duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the District (or such other Project participants and related parties as it may designate) and Contractor, and not for the benefit of any other party. There are no third party beneficiaries of this Agreement. 16. Insurance. Upon request by District, Contractor shall provide to the District certificates of insurance and insurance policies confirming the following minimum coverages (all limits in thousands): Commercial General Liability General Aggregate $2,000 Workers Compensation As provided by statute Employers’ Liability $500 Automobile Liability CSL $1,000 Professional Liability Annual Aggregate $1,000 No such policy shall have, in aggregate, a deductible and self-insured retention in excess of a reasonable amount to be approved by District. Except for the Workers Compensation and Professional Liability policies, the District will be named as an additional insured on each such policy of insurance. Further, such additional insured coverage shall be primary and non - contributory to any other coverage available to the District. Contractor hereby agrees to provide, as a provision of such policies, at least thirty (30) days written notice to District prior to any cancellation, non -renewal or material change in coverage contemplated herein. Except for workers compensation coverage, Contractor hereby waives any and all rights of subrogation by, through, or under it against the District or any related party by any insurance carrier or other third person. Certificates of insurance shall contain in the “Descriptions of Operations/Locations” field a Project Name or description of PAGE 10 OF 19 PAGES AGENDA ITEM NO. 9.B the Work, as specified by the District. Such certificates or other evidence of insurance shall be furnished at least two (2) weeks prior to commencement of Services. WITHOUT LIMITING IN ANY WAY ANY OTHER RIGHTS OF THE PARTIES, CONTRACTOR FURTHER AGREES TO THE GREATEST EXTENT PERMITTED BY LAW TO INDEMNIFY AND HOLD HARMLESS THE DISTRICT AND ITS ATTORNEYS, EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, AND RELATED PARTIES (THE “DISTRICT INDEMNIFIED PARTIES”) OF AND FROM ANY CLAIM, RIGHT, OR CAUSE OF ACTION TO THE EXTENT CAUSED BY ANY ACT OR OMISSION OF CONTRACTOR, ANY SUBCONTRACTOR, ANY SUPPLIER OR ANY INDIVIDUAL OR ENTITY DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM TO PERFORM SERVICES HEREUNDER OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, WHETHER OR NOT ANY SUCH CLAIM IS BASED UPON THE ALLEGED NEGLIGENCE OF THE DISTRICT OR ANY DISTRICT INDEMNIFIED PARTY, SUBJECT TO THE DISTRICT’S DEFENSES AND LIABILITY LIMITS UNDER THE TEXAS TORT CLAIMS ACT OR OTHER APPLICABLE LAW. 17. Independent Contractor. Contractor shall at all times act as an independent contractor of the District. No relationship of employer -employee or partnership is created hereby. Although the District shall not have the right or power to control the details of the manner in which the Services are rendered by Contractor, Contractor nonetheless agrees that if the District is at any time dissatisfied with the Services rendered by any subcontractor, agent or employee of Contractor, upon t he District’s written request any such person shall cease to be associated with the Project or the Services. 18. Representations. Contractor represents that the statements of fact made in Contractor’s proposal submitted to District regarding performance of Services, and the factual statements set forth herein, are true and correct. Contractor further acknowledges and agrees that the District is relying upon such representations in entering into this Agreement. 19. Background Checks. Upon request of the District, Contractor shall perform background checks on all employees and subcontractors responsible for performing work related to the Project. Background checks shall be at the expense of the District and shall be performed by a qualified vendor approved by the District. In the event a background check discloses information that the District, in its sole discretion, deems unsatisfactory, Contractor agrees to immediately cease using said employee or subcontractor on work related to the Project and Contractor and the District shall meet to agree upon satisfactory resolution. PAGE 11 OF 19 PAGES AGENDA ITEM NO. 9.B 20. Governing Law and Venue. This Agreement is entered into in the State of Texas and shall be governed by Texas law. The performance of the parties hereunder shall occur in Tarrant County, Texas, and exclusive venue of any legal proceeding arising hereunder shall lie in the courts of competent jurisdiction of Tarrant County, Texas. 21. Notices. All notices by and between the parties hereto with respect to the subject matter hereof shall be delivered by personal delivery or by certified mail, return receipt requested, as follows: If to District: Tarrant Regional Water District Attn:Wayne Owen 800 East Northside Drive Fort Worth, Texas 76102 If to Contractor: 22. Counterparts. This Agreement may be executed in one or more counterparts, and may be exchanged by facsimile or other electronic means. It is stipulated and agreed that any counterpart containing a signature or facsimile signature of the authorized representatives of the District and Contractor shall be deemed an original for all purposes. 23. No Waiver of Sovereign Immunity. Nothing in this Agreement shall be deemed or construed to waive the District’s sovereign immunity. Contractor waives any rights he may have under Subchapter I, Chapter 271, Texas Local Government Code. 24. Entire Agreement. This Agreement and the attachment(s) hereto constitute the entire agreement between the parties with respect to the subject matter hereof. This Agreement may only be modified by a writing signed by the party sought to be charged thereby. This Agreement shall be binding upon the District only when signed by the District, and shall be of no force and effect until so executed. 25. Conflict of Interest. Neither Contractor, nor any of its subcontractors, shall have other interests which conflict with the interests of the District, specifically including, but not limited to, a connection with the sale or promot ion of equipment or material which may be used on the Project. Contractor agrees to make reasonable inquiry of all subcontractors concerning the existence of or potential for such conflicts and to immediately disclose same to the District. Further, it is stipulated and agreed that in order to avoid potential conflicts of interest Contractor may not pursue or accept engineering, planning, design or related work from or for any Project Participant for work on or in support of the Project. PAGE 12 OF 19 PAGES AGENDA ITEM NO. 9.B DISTRICT: TARRANT REGIONAL WATER DISTRICT, a Water Control and Improvement District By: Printed Name: Title: CONTRACTOR: INTERA, INCORPORATED By: Printed Name: Title: PAGE 13 OF 19 PAGES AGENDA ITEM NO. 9.B August 25, 2014 Mr. Wayne Owen, Planning Director Tarrant Regional Water District 800 E. Northside Dr. Fort Worth, TX 76102 Re: Scope of Work for Impaired Groundwater Feasibility Study Dear Wayne: Attachment A contains a proposed Scope of Work for the Impaired Groundwater Feasibility Study. Attachment B contains a proposed budget and schedule for the Scope of Work. The Scope of Work was prepared according to the tasks described in the Statement of Qualifications prepared by the INTERA Team in response to Request for Qualification No. 14-105. INTERA has developed the scope and budget with the Bureau of Economic Geology, Freese and Nichols, and Baer Engineering. We look forward to discussing the approach for the feasibility study. Please contact either Mr. Van Kelley or me if Tarrant Regional Water District or the City of Wichita Falls has questions. Sincerely, Steve Young, PG, PE. Ph.D Principal Hydrogeologist cc: Van Kelley, Vice President, INTERA 14 PAGE 14 OF 21 PAGES AGENDA ITEM NO. 9.B Attachment A Scope of Work Task 1. Project Integration and Monthly Meetings . The CONTRACTOR will attend kickoff meeting, progress meetings, and workshops at Tarrant Regional Water District (TRWD) offices to discuss project findings, current activities, and future work. The Contractor will provide TRWD monthly invoices. Task 2 Determine Impaired Groundwater Availability The primary objective of Task 2 is to estimate the availability of groundwater in two Primary Areas of Interests (PAOI) and the portion of the available groundwater that is considered impaired. One PAOI is the Wichita Falls (City) PAOI and the other is the TRWD PAOI. The City PAOI includes the Clay, Wichita, Wilbarger, Archer, Baylor, and Montague counties. The TRWD PAIO includes Freestone, Navarro, Anderson, and Henderson counties. In the City PAOI, the work will focus on quantifying the availability of groundwater in the Red River Alluvium, the Seymour Aquifer, the Paleozoic formations, and the Northern Trinity Aquifer. In the TRWD PAOI, the work will focus on quantifying the availability of groundwater in the Northern Trinity Aquifer and the Carrizo-Wilcox Aquifer. For the City PAIO and the TRWD PAIO, the following work will be performed. 2.1 Perform Literature Review. The available data from publicly available literature will be assembled and reviewed. An emphasis will be placed on data useful for estimating aquifer transmissivity values, the potential limitation of the regional models, and the locations of current and anticipated future well fields. 2.2 Develop and Evaluate Transmissivity Maps. For both PAOIs, transmissivity maps will be generated for aquifers using the transmissivity values in groundwater models. For the City PAOI, transmissivity values for the following groundwater availability models (GAM) will be evaluated: the Seymour GAM (Ewing and others, 2004), the revised Northern Trinity and Woodbine aquifers GAM (Kelley and others, 2014), and a regional Paleozoic GAM (Oliver and others, 2014). For the TRWD PAOI, the transmissivity values from the following groundwater models will be evaluated: the Queen City-Sparta/Carrizo-Wilcox GAM (Deeds and others, 2004) and the revised Northern Trinity and Woodbine aquifers GAM (Kelley and others, 2014). These transmissivity maps will be checked using transmissivity values generated from aquifer pumping tests. Transmissivity values will be generated based on aquifer tests performed in nearby public water supply wells and on specific capacity tests performed by well drillers. The specific capacity tests will be obtained from drillers logs available from the TWDB driller logs database. The aquifer tests performed at public water supply wells will be obtained from TCEQ public drinking water division. The model-based transmissivity maps will also be checked using transmissivity values generated from sand thicknesses calculated from geophysical logs and extracted from sand maps discovered during the literature review. Approximately 30 to 50 geophysical logs analyzed as part of this project to help generate sand maps in the aquifers of interest. 2.3 Prioritize Sites for Potential Well Field. The CONTRACTOR will meet with TRWD and the City to identify up to four potential well field locations for the TRWD and City PAOIs. The evaluation process will include water quality information and results generated in Task 3, the reliability of the transmissivity maps, the access and costs of obtaining the necessary water rights, land ownership, possible GCD regulations, proximity to TRWD and City reservoirs or lakes, and proximity to existing infrastructure (pipelines and treatment plants). 15 PAGE 15 OF 21 PAGES AGENDA ITEM NO. 9.B 2.4 Perform Baseline Estimates of Groundwater Availability. The CONTRACTOR will develop estimates of groundwater availability for well fields identified in the preceding step by applying the appropriate GAM. The model application will be designed to account for the impact of anticipated future pumping in the vicinity of the proposed well field. If possible, we will use the most recent version of the model developed for regional water resource planning. Task 3 Evaluate Water Quality Data The Contractor will perform the following work for this task: 3.1 Assemble Surface Water and Groundwater Water Quality Data . Surface water quality data will be compiled for following five surface water bodies: Richland-Chambers Reservoir, the Cedar Creek Reservoir, Lake Arrowhead, Lake Kickapoo, and Lake Kemp. The data will be obtained from databases and reports produced by the Texas Commission on Environmental Quality (TCEQ), United States Geological Survey (USGS), TRWD, the City, and the Red and Trinity River Authorities. In addition, we will search the U.S. Environmental Protection Agency’s (EPA) STORET database and studies performed by academic institutions. Groundwater quality data will be compiled from databases and reports produced by the TWDB, the Railroad Commission of Texas (RRC), TCEQ, Bureau of Economic Geology (BEG), and other studies performed by academic institutions. In addition, we will assemble water quality data obtained from facilities regulated by the RRC such as coal mines (e.g., the Big Brown and Jewett mines in Freestone County) and by the TCEQ such as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Resource Conservation and Recovery Act (RCRA) facilities. 3.2 Develop Water Quality Databases. The water quality data will be organized into two databases. One database will contain surface water quality data. The other database will contain groundwater quality data. The groundwater database will contain attributes that needed to import the databases into ESRI ArcMap so that the water quality data can be visualized. The wells in the groundwater database will assigned to an aquifer or geological formation based on well screen information or well depth. Prior to constructing the database, the CONTRACTOR will present a proposed architecture for both the groundwater and surface water databases. The CONTRACTOR will ask for both verbal and written suggestions from TRWD regarding the proposed database architecture. Prior to finalizing the two databases, the CONTRACTOR will provide responses to the written comments. 3.3 Map Freshwater Boundary Based on Geophysical Logs. The CONTRACTOR will map the lower boundary of fresh (<1,000 mg/l Total Dissolved Solids (TDS)) groundwater and slightly saline (<3,000 mg/l TDS) groundwater to the extent possible using water quality information inferred from Q-logs from the Railroad Commission. Q-logs are geophysical logs used by the RRC to help determine the length of surface casing required to protect fresh water (generally less than 1,000 mg/L TDS) and useable quality water (generally less than 3,000 mg/l TDS). In addition to the Q-log picks, the Contractor will analyze up to 50 geophysical logs in areas of interest to help define the lower boundaries of fresh and slightly saline water. Where possible, the mapped freshwater boundary will be checked for consistency with the measured TDS from well water samples. 3.4 Identify Water Quality Exceedances in Aquifer. The CONTRACTOR will identify wells where groundwater quality measurements exceed the primary and secondary drinking water standards used by TCEQ. Where appropriate, EPA standards will be listed beside the TCEQ standard, for comparison purposes. The regions will include locations where measured 16 PAGE 16 OF 21 PAGES AGENDA ITEM NO. 9.B water quality parameters exceed these standards and where inferred TDS concentrations from geophysical logs exceed the standards for TDS. 3.5 Identify Impaired Groundwater. The CONTRACTOR will meet with the TRWD and City to establish criteria for identifying whether a groundwater is considered impaired or could potentially be impaired based the measured and inferred groundwater quality metrics.. Besides concentration data, we will consider potential sources of natural and anthropomorphic contamination when establishing the criteria. Task 4 Collect and Analyze Groundwater Samples The implementation of Task 4 is contingent on results from Tasks 2 and 3. Near the completion of Task 2 and 3, the CONTRACTOR will meet with TRWD and the City to determine whether Task 4 will be conducted. If Task 4 is performed, its will be funded by TRWD and the City: no funding for Task 4 will be from the Bureau of Reclamation. If Task 4 is performed, the CONTRACTOR will sample at least three wells each for the TRWD PAOI and the City PAOI. A sampling and analysis plan will be developed based on a sampling and analysis plan recently used by the CONTRACTOR for collection and analysis of groundwater samples for TWDB. The sampling and analysis will consider the following constituents that have primary or secondary maximum contaminant levels set by EPA or TCEQ and other constituents of potential concerns. These constituents include: antimony, arsenic, barium, beryllium, cadmium, chromium, cooper, cyanide, fluoride, lead, mercury, nitrate, nitrite, selenium, thallium, aluminum, chloride, copper, hydrogen sulfide, iron, manganese, pH, silver, sulfate, TDS, zinc, radionuclides, silica, and phosphorus. For each of surface water bodies for which water quality data was assembled in Task 2, CONTRACTOR will perform statistical analyses to identify potentially important seasonal variations and long -term changes in chemistry. Task 5 Modeling Groundwater and Surface Water Mixes CONTRACTOR will meet with TRWD and the City to discuss the results of Tasks 1 through 4 and the approach for modeling the groundwater and surface water mixes, the development of representative water quality data, and the analysis of mixes with the use of WatSIM™ or PHREEQC hydrochemical mixing model. The selection of the hydrochemical mixing model will be determined jointly among the CONTRACTOR, TRWD, and the City. CONTRACTOR will develop representative water quality data and perform modeling to evaluate aesthetic, regulatory, and scaling/corrosion issues associated with various groundwater/raw surface water pairings. This modeling analysis serves as a tool to estimate groundwater/surface water blend ratios that would maintain acceptable quality, with or without the use of treatment. The CONTRACTOR will meet with TRWD and the City to review the modeling analysis and recommendations for further evaluation as Task 6. Task 6 Modeling Groundwater and Surface Water Mixes Task 6 will proceed after Tasks 2 through 5 have been completed. The CONTRACTOR will determine the feasibility of developing strategies, if any, for each of the surface water-groundwater pairings. The surface water-groundwater pairing will be focused on the following potential options: a. Groundwater mixed directly into a surface water body (bed and banks permit) b. Groundwater treated and then mixed directly into a surface water body (bed and banks permit) c. Groundwater treated and injected into a transmission pipe to be mixed with surface water in the transmission pipeline 17 PAGE 17 OF 21 PAGES AGENDA ITEM NO. 9.B The CONTRACTOR will identify up to six pairing alternatives among the potential options listed above. For each pairing, the CONTRACTOR will develop a conceptual-level feasibility alternatives and evaluate the costs associated with each alternative using a costing procedure that is approved by the TRWD and City. Based on the results of the feasibility evaluation, the CONTRACTOR with input from TRWD and the City, will select four individual strategies for a more detailed cost estimate. For each of the four individual strategies, the CONTRACTOR will include:  costs of each alternative will include estimates for groundwater well production, water treatment, waste discharge, storage, and transmission costs, including pumping costs.  conceptual layouts, provide GIS maps, treatment process conceptual layouts, and HGLs (where applicable) based on preliminary routing. The CONTRACTOR will coordinate with TRWD and the City to develop guidance on the suitable points of entry into the raw surface water supply, whether this is reservoir or transmission pipe introduction. The CONTRACTOR will review the water treatment capabilities (process or capacity) at the receiving system(s) at a conceptual level. Considerations will be given for any pre-treatment requirements necessary for surface water augmentation, while keeping in mind the magnitude of treatment relative to downstream surface water storage or other treatment facilities. Task 7 Assess Regulatory Framework The objective of Task 7 is to assess the local, state, and federal regulations that may affect the proposed project. This includes examining the regulatory issues associated with groundwater production, the addition of groundwater to surface water, and effluent. 7.1 Groundwater Production. The primary regulatory concern with groundwater production are rules developed and enforced by groundwater conservation districts (GCDs). In the extended two PAOI for the study four counties (Baylor, Montague, Anderson and Henderson) have groundwater production regulated by GCDs. The CONTRACTOR will evaluate the rules from applicable GCDs and summarize the potential of these rules to impact the design and operation of well fields. 7.2 Addition of Groundwater to Surface Water. When groundwater is pumped into a lake, river, stream, or other watercourse provided there is a designated user, the owner has obtain a “bed and banks” from TCEQ permit to move the water through the surface water body. These “bed and banks” permits are regulated under Water Code Section “11.042 DELIVERING WATER DOWN BANKS AND BEDS”. The CONTRACTOR will evaluate the TCEQ rules governing “bed and banks” permits to assess their impact on the manner in which groundwater can be mixed with surface waters. 7.3 Discharge of Effluent. Because solutions proposed in the feasibility study may include water treatment, there is potential for the eventual need for a permit under Texas Pollutant Discharge Elimination System (TPDES). A TPDES permit covers the discharge of effluent into a surface water body. Alternative discharge options may include deep well injections, which requires a Class I injection well permit. The Contractor will evaluate the potential need and the potential risks associated with both TPDES and Class I injection well permit for the different groundwater-surface water pairings. Task 8 Study Results and Deliverables Contractor will prepare a report that documents the work performed in Tasks 2 through 7 and provides recommendations and costs for potential reservoir-groundwater pairing. The report will explain the advantages, disadvantages, and risks (availability and regulatory) for each pairing and recommend the 18 PAGE 18 OF 21 PAGES AGENDA ITEM NO. 9.B next steps to implement the feasible strategies. In addition to the draft and final report, we will deliver quarterly status reports, the GIS-based database for surface and groundwater water quality measurements, and interim maps of project results. We will provide electronic copies of these deliverables as well as paper copies of the draft and final report to the Bureau of Reclamation, TRWD and the City. 19 PAGE 19 OF 21 PAGES AGENDA ITEM NO. 9.B Attachment B Schedule and Budget Table 1 presents the budget and schedule for Tasks 1 through 8. Task Budget Due Date after Notice to Proceed 1 Project Integration and Monthly Client Meetings $10,000 12 months 2 Determine Impaired Groundwater Availability $63,000 5 months 3 Evaluate Water Quality Data $40,000 6 months 4 Collect and Analyze Groundwater Samples $0,000* 7 months 5 Model Groundwater and Surface Water Mixing $27,000 9 months 6 Evaluate Potential Reservoir-Groundwater Pairing $60,000 10 months 7 Assess Regulatory Framework $20,000 11 months 8 Study Results and Deliverables $75,000 12 months Total $295,000 * Task 4 is not included in the budget. Task 4 will be performed only if the work is necessary to address a critical data gap identified in Task 3. Estimated cost for Task 4 is $30,000. Any funding for Task 4 will be provided by TRWD and the City.