Resolution No R. A resolution authorizing the City Manager to execute an amendment to the

Transcription

1 purposes. Resolution No R A resolution authorizing the City Manager to execute an amendment to the professional consulting services agreement with Burns & McDonnell for landfill evaluation services which will result in an increase of the total contract amount to 26, , and declaring an effective date. Whereas this amendment is related to the purchase of unimproved property for future expansion of the landfill because the City needs a Phase I environmental survey of the property prior to closing on that land purchase; Whereas Burns & McDonnell already provide professional consulting services at the landfill under an existing agreement with the City; and Whereas this amendment deletes the uncompleted remainder of Task 4 in the original agreement and adds a new Task 5, the abovementioned environmental survey, resulting in a net change of$ 1, , which increases the total contract amount above the 25, threshold that exceeds the City Manager' s authority to execute without Council' s review and prior authorization; Now therefore, be it resolved by the City Council of the City of Victoria, Texas: 1. The foregoing recitals are found to be true and correct and are incorporated herein for all 2. The City Manager is authorized to execute an amendment to the professional consulting services agreement with Burns & McDonnell for landfill evaluation services, which will result in an increase of the total contract amount to $ 26, , substantially in the form of the amendment attached hereto as Attachment " A" and incorporated herein, as amending the original agreement attached hereto as Attachment" B" and incorporated herein, with changes in form as approved by the City Attorney. 3. This resolution shall become effective immediately upon adoption. Passed, this the 5th day of July, 2017 Ayes: 6 Nays: 0 Abstentions: 0 Approved and adopted, this the 5th day of July, 2017 j7c1 /(' 621 Paul Polasek, Mayor of the City of Victoria, Texas Attest: 1. lia i, 7 Ap il Hilbrich, City Secretar 7--;--,- -,--, 31. 1t7, , At''', Sr,. 7,,-; t,' V. ( '--- 4,-, a,",\ a / 1.. ' 4.5%\ t t ' t\ _ al 45,.\ ' 40 Z1-7. Distribution: Legal Departmen-,,,, st::'-', Environmental Servi' - Finance Department Department 1\* :74e 7e,/ Approved as to Legal Form: Thomas A. Gwosdz, City ' orney Copies sent: July 6, 201.7

2 BURNS. 41 MSDONNELL June 27, 2017 Darryl Lesak Director of Environmental City of Victoria 700 N. Main St, Suite 124 Victoria, TX Services Re: Amendment to " Professional Consulting Services Agreement for Landfill Evaluation" to include Phase I Environmental Site Assessment Dear Mr. Lesak: In accordance with your request, we are pleased to submit this amendment to the " Professional Consulting Services Agreement for Landfill Evaluation" dated August 31, That agreement had a Task 4 for on- call services with a total budget allowance of$ 11, 500. This amendment will reduce the funding for Task 4 by $ 6, 000 and add $ 7, 500 to a new Task 5 to conduct a Phase I Environmental Site Assessment. Therefore, the net budget amendment is $ 1, 500. Task 4: ($ 6, 000) Task 5: $ 7, 500 Total Budget Amendment: $ 1, 500 The remainder of this amendment discusses the scope of services and schedule for the Task 5 Phase I Real Estate Transfer Environmental Site Assessment ( Assessment). TASK 5 PROJECT OVERVIEW The City of Victoria( hereinafter referred to as CLIENT) is seeking a study and report concerning an Assessment of approximately 144- acres of land ( the Property) adjoining to the existing City of Victoria landfill ( see Property highlighted/ outlined on the attached map) to be acquired for expansion of the existing landfill. It is currently understood that the Property has been and is currently utilized for agricultural purposes. TASK 5 SCOPE OF SERVICES In order to meet the objectives of this project, Burns & McDonnell Engineering Company, Inc. hereinafter referred to as CONSULTANT) proposes the following multi- component approach, which is consistent with ASTM Standard E for performing an environmental site assessment for commercial real estate. It is understood that Phase I ESAs are conducted to permit the user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchase limitations on Comprehensive 1700 West Loop South\ Houston, TX \ F \ burnsmcd. com

3 BURNSMcDONNELL 44s44L. Mr. Darryl Lesak June 27, 2017 Page 2 Environmental Response Compensation and Liability Act (CERCLA) liability and is not intended to include a more comprehensive evaluation of business environment risk associated with a parcel of commercial real estate. CONSULTANT' S scope of work includes completion of a Phase I ESA for the property( ies) listed above and consists of the following: Completing a regulatory database search of publicly environmental records ( for the property of interest and nearby properties). available federal and state This search will typically identify any environmental matters that have been brought to the attention of the regulatory agencies. If the property or any adjoining property is identified in the regulatory database search of government environmental records, pertinent regulatory files and or records associated with the listing may be reviewed, if warranted, at an additional cost, depending on the amount of records. Reviewing registries or publically available lists of environmental liens and/ or actitivity use limitations ( AULs) such as engineering controls and institutional controls. Note: current related costs assume that the subject Property is contained in one parcel or deed and has one owner. If the Property consists of additional parcels/ deeds and/ or additional owners, third party costs for the Environmental LienSearch/ AULs will increase and these costs will be passed onto the CLIENT. Conducting a site visit and inspection of each property to observe existing property conditions and surrounding land use. Conditions will be documented with written field notes, field checklists, and/ or photographs. In particular, we will look for any signs of waste disposal or contamination; potential environmental issues; any significant emissions, discharges, or hazardous waste; and potential impacts to the subject property from adjacent properties. Visually inspecting adjoining properties from the subject property and/ or public areas. Evaluating the potential presence of wells, tanks ( above and below ground), and any waste disposal facilities, whether active or closed. Reviewing past use of each property by reviewing readily available city directories, fire insurance maps, and historical aerial photographs to first development. Identifying any enforcement the last 10 years through the database actions, consent decrees, clean- up orders, and spills within search and interviews.

4 BURNS i` McDONNELL Mr. Darryl Lesak June 27, 2017 Page 3 Completing interviews with knowledgeable site personnel, owners, past owners and/ or other representatives to obtain historical information regarding the property. include discussion of past waste disposal practices. Reviewing physical site data including hydrogeologic and floodplain information, protected flora and fauna, surface waters, geology, and soils data. Evaluating the potential for migration of hazardous substances or petroleum products in soil, groundwater, and subsurface vapor. Identifying registered water wells and oil/ gas wells within a mile radius of the subject property through a review of well logs for registered water wells. Wetlands: A wetlands inventory is not part of the Phase I ESA scope of work. However, available wetland inventory maps will be reviewed. During the site visit at the facility, the property will be observed for indications of the presence of wetland areas. PCBs: During the site visit, the property will be observed for potential PCB- containing equipment, such as transformers, and capacitors. The ownership of any transformers or other electrical equipment ( that could potentially contain PCB- containing oils) will be noted as will the observations of any leakage of oils. Vapor encroachment condition ( VEC) screening will be conducted, per ASTM , using a third party vender tool. CONSULTANT has assumed that previous environmental assessment or remediation reports are not available and will not be reviewed as part of this ESA. Upon completion of the site visit and research tasks, CONSULTANT will document the findings of the ESA activities in a report. The report will include findings and conclusions regarding known or suspected Recognized Environmental Conditions ( RECs), Controlled RECs ( CRECs), Historical RECs( conditions HRECs), and de minimis conditions. Documentation will include environmental ies). Data gaps that are identified will be noted along that were assessed at the property( with an evaluation of the impact of the gaps on the findings, opinions, and conclusions of the ESA. Attachments will include aerial photographs, site photographs, a regulatory records review report, and a site map. CONSULTANT will provide one electronic version of the draft report within three weeks of completion of the site reconnaissance visit. Within five days of receipt of CLIENT' s comments, of the final report. The report text will be e- CONSULTANT will provide one electronic copy mailed, and will be provided on a compact disc. This will

5 BURN s ktic DONNELL Mr. Darryl Lesak June 27, 2017 Page 4 TASK 5 SCHEDULE CONSULTANT proposes to begin regulatory review upon authorization and receipt of completed User Questionnaire ( see attached). If User Questionnaire and other data requested is provided in a timely manner, CONSULTANT will provide draft report by July 31, TASK 5 COMPENSATION payment for the Task 5 Scope of Services described herein shall be completed for the lump sum amount of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($ 7, 500). Significant assumptions: The Phase I site visit and local records, searches can be completed within a single day. A 50- year Chain- of-title search is not included in this scope of work, but can be provided at an additional cost. The review of title and land judicial records for environmental liens and activity and use limitations ( AULs) will be obtained by the CONSULTANT. Note that full liability protection cannot be obtained under the ASTM Standard and All Appropriate Inquiry Regulation ( 40 CFR 312) without a review of Title and Land Judicial Records for Environmental Liens or AULs. It is assumed that the Property includes one parcel or deed and one owner. If the Property is found to include additional parcels, deeds, and/ or additional owners, additional fees will apply which are not included in the current proposed cost estimate. The Phase I ESA will not include any inquiry or sampling with respect to controlled substances, environmental compliance, radon, methane, asbestos, lead paint, mold, wetlands or vapor intrusion. No party other than CLIENT is permitted by CONSULTANT to rely on the Phase 1 report without prior authorization by CONSULTANT. ESA The cost of providing professional services under the Agreement is based on CONSULTANT' s knowledge of site conditions and its judgment at the time that this cost estimate was prepared. In the event that CONSULTANT identifiesconcealed conditions, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, the basic fee will be equitably adjusted.

6 BURNS McDONNELL Mr. Darryl Lesak June 27, 2017 Page 5 We appreciate the opportunity to present this contract amendment. If it is acceptable, please sign and return one copy for our file. Sincerely, Mark Knaack Environmental Services Regional Manager Attachments: Property Boundary map User Questionnaire City of Victoria/ Burns & McDonnell Services Agreement for Landfill Evaluation 8/ 31/ 2015 ACCEPTED: Phase I ESA for Landfill Expansion - City of Victoria, TX By Title Date

7 M i fes -;,.' ate '' v a Y 4. A v1cl 3 Ste! ''' r 4' i f: c.; i -- t, µax. i a, 4` S",, a s 1: tea Hf,,id! r, 0*,,,,,,,;,,,,,-,', 4,',, I ~ liz4u,,,,,,,,,., 0,",,',.,,,*:,' Ittity^,1", ',', Illi! o f: k A s I s4 foi ' 4,/ lt,':',::,,,,:, ':,', ':, bk I ', Y m m"% w 0 3 r- 1 Zr Z.., a q W n N. p.el- U)'' I'S- 77% IA a d e Cl b tl a' 4, 1---'' a r3

8 BURNS McDONNELL Date: Re: Phase I Environmental Site Assessment User Questionnaire for City of Victoria Landfill Expansion Project Properties adjoining City of Victoria Landfill: In accordance with the Scope of Services and Responsibilities of User ( Client), as described in Section 6 of ASTM E , Burns & McDonnell is requesting that the following information be provided: The location and boundaries of the Property to be assessed ( Please provide address( s) legal description( s); latitude/ Longitude( s); and related maps): The name( s) of person( s) possessing knowledge of the uses and physical characteristics of the Property: Mr./ Ms. Prior reports and correspondences concerning the Property, if any, for Burns & McDonnell to review( And/ or provide access to a Data Room with applicable documentation): Provide the results of review of reasonably ascertainable recorded land title records and lien records filed under federal, tribal, state or local law for environmental liens or activity and use limitations( AULs): Any pending, threatened, or past litigation relevant to hazardous substances or petroleum products in, on, or from the Property?: 1700 West Loop South\ Suite 1500\ Houston, TX \ F \ burnsmcd. com

9 BURNS MCDONNELL CCI/ Phase I ESA User Questionnaire City of Victoria Landfill Expansion Project Page 2 Any pending, threatened, or past administrative proceedings relevant to hazardous substances or petroleum products in, on or from the Property?: Any notices from any governmental entity regarding any possible violation of environmental laws or possible liability relating to hazardous substances or petroleum products?: Any other limitations on activity or Property use? Any specialized knowledge or experience material to Recognized Environmental Conditions in connection with the Property: A written explanation of the relationship of the purchase price to the value of the Property: Provide chain- of-title for the Property( or provide all appropriate information including legal address/ description, etc. so that Burns & McDonnell may obtain):

10 BURNS 1SDONNELL CCI/ Phase Page 3 I ESA User Questionnaire City of Victoria Landfill Expansion Project User- Authorized Representative: Name ( Print)/ Signature Date Title Company

11 CITY OF VICTORIA s, tablishetl I minded hontgtee5. Kcpuhlte of ( rear ! Ni jz.. "7v Thomas A. G14 osdr tit AO" Merober. College of the` llatc 13ai 1 Linda 111 Ctr: rrrrpiorr A, iei, uti t iii \ t( t5rnce lcmbci ( nll, i of the 51u1e liar t.,fcal DEPARTMENT ity V. Juan Linn I P. O. ttol 175$ 1 Vicloita, I 77, W l' h. ( 361)= u 1 Fax ( 361) MEMORANDUM TO: Darryl Lesak, Director of Environmental Services FROM: Linda M. Champion, Assistant City Attorney DATE: August 31, 2015 SUBJECT: Burns & McDonnell Services Agreement for Landfill Evaluation A copy of the above referenced document, executed by the City Manager, is attached, Please keep a copy of this contract for your records and forward a copy to the contractor. One original has been tiled with the City Secretary. Please call if you have any questions. Attachments: Contract / NEW- Transmittal Memo Dir Env. Servies landfill Evaluation

12 Professional Consulting Services Agreement for Landfill Evaluation This Professional Consulting Services Agreement (" Agreement") is between Burns & McDonnell Engineering Company, Inc., (" Consultant"), 9400 Ward Parkway, Kansas City, MO through its office at 901 S. Mopac Expressway, Barton Oaks Plaza, # 300, Austin,, TX and the City of Victoria (" Owner") a Texas municipal corporation, PO Box 1758, Victoria, TX , who, in consideration of the mutual covenants of this Agreement, hereby agree as follows: 1. Scope of Services: In accordance with the Proposal attached as Exhibit" A", Consultant shall provide Permitting Overview and On- Call Engineering Services in evaluating options to expand the existing municipal solid waste landfill at FM , Owner' s Representative: Victoria Director of Environmental Services, or his designee 361) Payments To Consultant: Owner agrees to pay Consultant in accordance with Exhibit A" in an amount not to exceed 524, , including all labor and reimbursable expenses, in the following manner: Task 1 Site Research, Desktop Meeting Preparation Task II Meeting Evaluation 4 weeks 6, 030 with Representatives from Based on FEMA and $ 3, 070 FEMA and USACE USACE. schedules Task 11I Summary Memo and 3 weeks after Task 2 4, 230 Recommended Next Steps Task IV On- Call Engineering Services TBD 11, 500 optional) Owner shall pay for services related to Tasks 1 through Ill within 30 days after acceptance of the services and receipt of an invoice for the services. Task 4 will be completed only with prior written approval from the City. 4. Termination Either party may terminate this agreement upon 10 days written notice to the other party with the understanding that all services being performed under this agreement shall cease upon the date specified in such notice. In the event of early termination Consultant shall invoice Owner for all services completed, and shall be compensated in an amount corresponding to the percentage of the compensation corresponding to the percentage of the work satisfactorily completed on the effective date of termination, to the extent such work provides value to owner; but in no event will the total invoices exceed the contract price. 5. Ownership of Documents All documents prepared, assembled and delivered by Consultant pursuant to this Agreement shall become property of the Owner and shall be delivered to Owner without restriction of future use. Any future use of the documents by Owner other than the purposes for which they are immediately being provided shall be at Owner' s sole risk. Consultant shall not be liable for any claims for damages resulting from any change, or use connected with Owner' s or any third party' s use of the Work Products. Consultant may make copies of any and all documents for its files. Rights to Consultant' s existing intellectual property utilized, developed, or modified in the performance of the services, but not developed initially as part of the Work Products, shall remain the property of Consultant. Consultant hereby grants to Owner an irrevocable, non- exclusive, royalty- free license to utilize Consultant' s proprietary property provided to Owner as part of the Services to the extent necessary Burns& Mcdonnell /

13 for the construction, operation, maintenance, or repair of the project or facility for which they were prepared and intended. Owner shall not acquire any rights to any of Consultant' s, its subcontractors' or vendors' proprietary computer software that may be used in connection with the Services except as expressly provided in Exhibit" A" or as may be separately agreed. 6. Controlling Law This Agreement is performable and is to be governed by the law applicable in Victoria County, Texas. Venue for any action arising under this Agreement shall be in Victoria County, Texas. 7. Successors & Assigns Neither Owner nor Consultant shall assign, sublet or transfer any rights under or interest in ( including, but without limitations, monies that may become due or monies that are due) this Agreement without the written consent of the other. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the. assignor from any duty or responsibility under this Agreement., Nothing contained in this paragraph shall prevent Consultant from employing independent consultants, associates and other employees to assist it in the performance of services hereunder. 8. No Third- Party Beneficiaries Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Consultant. 9. independent Contractor In performing services under this Agreement, the relationship between Owner and Consultant is that of independent contractor, and Owner and Consultant by the execution of this Agreement do not change the independent contractor status of Consultant. No term or provision of this Agreement or act of Consultant in the performance of this Agreement shall be construed as making Consultant the agent, servant, or employee of Owner. 10. Indemnity Consultant agrees to indemnify, and hold the Owner harmless against any and all claims, suits, and actions for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by or from any negligent act, error or omission of Consultant or any officer, agent, servant, employee or subcontractor of Consultant in the execution or performance of this Agreement. In the event of notice of a claim to which this indemnity might apply, so much of the money due the Consultant under this Agreement as shall be reasonably considered necessary by the City may be retained for the use of the Owner, until all suits, actions, and claims shall have been settled and satisfactory evidence to that effect furnished the Owner. This indemnity shall not apply to any claim to the extent to which an engineer or professional service provider such as Consultant is prohibited from indemnifying a governmental entity pursuant to Tex. Gov' t. Code $ Insurance/ Standard of Care Consultant shall provide services under this agreement with the degree of skill and diligence normally practiced by engineers or consultants performing the same or similar services. During the term of this project and one year following its completion, Consultant shall maintain errors and omissions insurance in the amount of at least $ 1, 000, 000 per claim and 1, 000, 000 aggregate, and shall provide the City with a copy of the insurance certificate from an insurer authorized to do business in Texas. Professional will provide the City with at least 30 days notice of cancellation or change in coverage. 12. Opinions of Cost - Cost opinions and projections prepared by Consultant relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on Consultant' s experience, qualifications, and judgment as a design professional. Since Consultant has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction contractors' procedures and methods, unavoidable delays, construction contractors' methods of determining prices, economic conditions, Burns& Mcdonnell / 11/ 20 15

14 competitive bidding or market conditions,, and other factors affecting such cost opinions or projections, Consultant does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by Consultant. 13. On- Site Services. Owner shall disclose to Consultant the location and types of any known or suspected waste materials or any other toxic, hazardous, or chemical materials or wastes existing on or near the premises upon which any services are to be performed by Consultant' s employees, agents, or subcontractors. If any such waste materials not identified by Owner are discovered after the services are undeliaken, Owner and Consultant agree that the scope of services, project schedule, and compensation may be adjusted accordingly. 14. Waste Materials- Owner and Consultant acknowledge and understand that the presence of any currently existing waste materials ( as defined, designated, or listed under any other applicable federal, state or local law, regulation or ordinance concerning waste materials, chemicals, wastes, hazardous substances, or pollutants) at the project site were neither caused by, nor are the responsibility of, Consultant, and that the Agreement or any documents associated therewith do not attempt to or actually transfer liability for currently existing waste materials to Consultant. Owner, or other third- party owners, shall retain title to all currently existing waste materials, substances, pollutants and contaminants at, originating brought to ( other than by Consultant or its subcontractors), or removed from the project site in the normal course of business at the landfill site during the term of this Agreement. Under no circumstances shall Consultant assume ownership of or legal liability for Owner' s or other third parties' waste materials under the Comprehensive Environmental Response, Compensation and Liability Act CERCLA") ( 42 U. S. C et seq.) or other laws pertaining to hazardous materials and wastes. Owner and Consultant further acknowledge and understand that the evaluation, management, disposal, and other actions involving waste materials which may be undertaken as part of the services performed by Consultant, its directors, officers, employees or subcontractors, including subsurface investigation or sampling, entails uncertainty and risk of injury or damage that cannot be avoided even with compliance of generally accepted engineering practices. 15. This agreement and any attachments may be amended, supplemented, modified or canceled only by a duly executed written instrument. In case of conflict, the terms of this agreement supersede any term in the attachments. Executed this the 1 day Ora 11 of r City,' Victoria, Texas Burns & McDonnell Engineering Company, Inc., mow., C` f 4 1 y. n,, ) Is S1 CSC, Charme e Garrett, City Manager s seal) 74( r` ta z,..!,',,,\ ( seal) Steve I innemann, Senior V. P. i.!] ite.,'!:.'''',,'; : : Attest: t ::: - t) Form Approved: a ti fat l t. lila- th.{ e7, car 1 o socia; rt ecretar y y ' '} Linda M Champion, Assistant 4 City A rney Burns& Mcdonnell ', 215

15 EXHIBIT ' A' BURNS MG ONI+JELL. June 22, 2015 Darryl Lesak Director of Environmental City of Victoria 700 N. Main St, Suite 124 Victoria, TX Services Subject: Permitting Overview and On- Call Engineering Services Dear Mr. Lesak: Burns & McDonnell is pleased to provide this Scope of Services and Budget for permitting overview and on- call engineering services to the City of Victoria ( City). The City of Victoria is interested in evaluating options to expand the existing municipal solid waste ( MSW) landfill at FM 1686 near Bloomington, TX. Doing so may require permitting related to floodplain mitigation and existing drainage channels located near the landfill. The first three tasks of the enclosed Scope of Services include initial data gathering and reporting related to the potential permitting effort that may be required to support the proposed expansion plan. The fourth task is an optional task for on- call engineering services related to the landfill Scope of Services Task 9 Desktop Evaluation and Meeting Preparation For Task 1, Burns & McDonnell will research publically- accessible data sources regarding floodplains and drainage features in the area of the landfill. Based on this information, Burns & McDonnell will develop one or more options to address existing drainage issues on- site that could be considered if the City were to expand the landfill. The deliverable for this task will be a memo that will be provided to the participants of the meeting in Task 2. The memo and its attachments will provide background information and a summary of the permits that may be required to support the identified improvement options. Task 2 Meeting with Representatives from FEMA and U. S. Corps of Engineers Two Burns & McDonnell consultants will travel to the Victoria area to meet with the representatives from the Federal Emergency Management Agency ( FEMA), the U. S. Corps of Engineers Galveston District ( USACE), and the City to review the information and memo prepared in Task 1. While Burns & McDonnell does not expect either FEMA or the USACE to provide firm approvals for the recommendations presented, each organization will have the 8911 Capital of Texas Highway\ Building 4, Suite 4260\ Austin. TX \ F \ hurnsrncd corn

16 BURNSIL MCDONNELL Darryl Lesak City of Victoria June 22, 2015 Page 2 opportunity to identify potential concerns with the proposed project elements and provide general information regarding regulatory requirements and recommendations on minimize permitting and streamline the overall approval process. The budget assumes that both representatives from both organizations can attend the same meeting. Task 3 Summary Memo and Recommended Next Steps After the completion of Task 2, Burns & McDonnell will prepare a summary of the meeting and develop a detailed list of next steps, along with timeline, that will be required for the City to submit the necessary permit applications. The preparation of the permit applications would be a separate project and would only occur if and when the City decides to purchase any additional land to expand the current MSW landfill. Task 4 On- Call Engineering Services ( Optional) As an optional task, Burns & McDonnell has included a budget allowance for on- call engineering services. The engineering services could cover a range of tasks, including: Continued permitting efforts related to Tasks 1 through 3 or initial MSW permitting efforts Review of engineering documents submitted by the City' s landfill operator Evaluation of the landfill gas collection system and landfill gas to energy project Prior to initiating any work under Task 4, Burns & McDonnell will get written approval from the City. Burns & McDonnell will identify the specific tasks to be undertaken as well as an estimate of the number of hours required to complete the effort. Schedule Table l provides a schedule for tasks described in the Scope of Services. While Burns & McDonnell will schedule the meeting for Task 2 to occur as soon as possible after Task 1, the meeting date will depend on the schedules of the representatives from FEMA and the USACE.

17 BURNS ' MSDONNELL Darryl Lesak City of Victoria June 22, 2015 Page 3 Table 1 Schedule Task Description Schedule 1 Site Research and Meeting Preparation 4 weeks 2 Meeting with Representatives from FEMA and Based on FEMA and USACE USACE schedules 3 Summary Memo and Recommended Next Steps 3 weeks after Task 2 4 On- Call Engineering Services TBD Budget Tasks I through 3 will be completed on a lump sum basis for $ 13, 330. The optional Task 4 will be completed on a time and expense basis and only with prior written approval from the City. The total budget, including the Task 4 budget allowance, is $ 24, 830. Table 2 Budget Task Description Budget 1 Desktop Evaluation and Meeting Preparation 6, Meeting 3 Summary with Representatives from FEMA and USACE 3, 070 Memo and Recommended Next Steps 4, On- Call Engineering Services ( Optional) 11, 500 Total with Task 4 24, 830 Task 4 will be completed using the billing rates in Table 3.

18 BURNS 4. Mc ONNELL Darryl Lesak City of Victoria June 22, 2015 Page 4 Table 3 Billing Rates Description Budget Project Manager 191 Technical Lead 202 Senior Consultant/ Engineer 174 Staff Consultant/ Engineer 158 Consultant/ Engineer 145 Administrative 100 Burns & McDonnell appreciates the opportunity to provide these services to the City. Please contact Seth Cunningham at ( 512) with any questions or comments. Sincerely, Seth T. Cunningham, Project Manager Burns & McDonnell PE