Res 130-2022 Annual Landfill Engineering Services to Biggs and Mathews Environmental Inc 10/18/2022 Resolution No. 130-2022
Resolution authorizing the City Manager to execute Professional
Services Agreement to Biggs and Mathews Environmental, Inc. for
engineering services for the City of Wichita Falls Landfill in the
amount of$78,000.00
WHEREAS, the City of Wichita Falls has determined that Biggs and Mathews
Environmental, Inc. is qualified to provide Engineering Services for the City of Wichita
Falls Landfill; and
WHEREAS, it is found that the Engineering Services to complete the sampling,
testing, and reporting for the City of Wichita Falls Landfill is an estimated total of
$78,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The engineering services for the City of Wichita Falls Landfill is awarded to Biggs
and Mathews Environmental, Inc., in an estimated total amount of $78,000.00, and the
City Manager is authorized to execute a contract for the City with said Contractor for the
design of such project.
PASSED AND APPROVED this the 18th day of October, 2022.
140_
MAYOR
ATTEST:
-iyaktA.
City Clerk
Prnfessinnat tierviees Agreement between the City of Wichita Falls and iliuursr& f41a111cti+, l:nnriroianiltIItal, hie.
for Engineering Services for the City of Wichita Falls Landfill- Permit No. 142AA[nnsutti„.4 Seri.ices for
Fiscal Year W43212023-Annual Services.
OWNER: The City of Wichita Falls;Aim: Director of Public Works,P.O.Box 1431,Wichita t-tills, 1'X.76307
ENGINEER: Biggs&Mathews Eavn4n,ntental,Inc; 1700 Robert Road,Suite 1t}0,Mansfield,TX,760163
PROJECT: Engineering and hydrogeolagical professional services in support of various evaluations, siudics,
modeling,pernnitlmrg,design,cnvironmCntal rnenitttringg, Field testing,and construction plialceq.services for the City
of Wichita Falls Landfill,Transfer Station,and other municipal solid waste facilities.
PAYMENT:
]. Payment for Basle Services. OWNER agrees to pay the following amounts for Basic Services rendered
pursuant to this Contract,a total amount nut to exceed$711,000,nub ect up completion of the following.phases of
the PROJECT:
Phase
Amount
Completion TCEQ Air Permitting $31,500
Completion of Landfill Capacity Evaluation $19,000
Completion of Groundwater Monitoring $27,500
Total 5711,000
2. Psymemt for Addiiional Services_ OWNER shall pay ENGINEER for Additional Services requested and
rendered as follows;
2.1. Payment for Additional Services of Fttgineer rendered under this Contract shall be paid for at the following
rates when supported by invoices.
Personnel Charges-Category Billing Rate Range$Per Hour
Adminiilrative�Project Assistant 50-80
Sr.Admi,iuslrattv'e:PToject Assistant 75- 100
Der,igneriTerhrlician:field Seryices Technician 60-80
Sr.l)csignerfSr,Technician/Sr. Field Services Technician 75- 110
Engineer;S.Ciettti.st 75- 120
P'mjert Engineer:Scientist 95- 140
Senior Project EngineeriScientist 120- 175
Principal Engineer+Scientist 175-225
2.2. For expenses for Additional Services, ENGINEER shall be compensated at the actual cost to ENGINEER
based cm rates referenced above or as previously agreed upon in.writing. Where field parties are used,expenses
shall include charges for the use of any special instrunxnts and equipment, including marine equipment,and
expendable ile.rns such as stakes and rttarnt;nucnis,
3.Times of Payments:
3.1. Times of Payments--ENGINEER shall submit monthly statements for Basic and Additional Services
rendered, i-or Basic Servic.es,the statements will be based upon ENGINEER'S estimate of the proportion of the
total sery ices actually completed at the timeofbiPiing, OWNLiKshall make prompt monthly payments inresponse
to ENGINEER'S nton[luly statements. Upon conclusion of each phasc,.11 Basic Services.OWNER shall pay such
additional amount,if any,as may he necessary to bring total cotnpensati;in paid on account of such phase to the
Co]lawing percentages of tots/compensation payable focal]phases of Basic Services_
3.2_Past-Due Payments--OWNER agrees to pay a eharge of 0.5%,per month on all invoiced owed amounts not
paid within 300 days of the date of the invoice,calculated from the date of the invoice. In addition,ENGINEER
L:iniern aid 5IIlF k::'C II..•r W,rh,,,l all9'A,o S,o.y:1.1!:'.:11:5 I'.C+..Aers Page 1
may, after giving 10 days' written notice to OWNER, suspend services under this Agreement until the
I-NO]NEER has been paid in full all amounts due.for services and expenses.
OWNER'S R EPRESENTATIVE! Russell Schrciher,P.E.Directtir cdFub]i Works.City of Wichita Falls
BASIC SERVICES! ENGINEER shall complete the following professional engineering services as Basic Services,
which shall include customary incidental engineering services:
1. TCEQ Air Permitting.ENGINEER shall:
1.]. Consult with OWNER to clarify and define OWNER'S requirements for the Permitting process and review
available data.
1.2.Collect field information needed to complete testing and calculation of new emissions rate,as required.
1.3_Advise OWNER of the need to provide or obtain from others data or additional services,and act as OWNER'S
representative in connection with any such services acquired from others.
1.4, Prepare the Greenhouse Cans (OI-1G)Summary Repi.irt, Emissions Inventory,Air Emissions/napcetkm Fee
Basis Farm; Federal Operating Permit Annual Compliance,Tier II Testing Report and all other air permits as
required by CCEQ far submission.
1.5.Furnish three copies of the above reports and documents for review by the OWNER'S REPRES> N'I'AI'lVE.
1.6.:Submit the air permitting reports to the proper agency and proper number of copies to other required agencies
along with three copies to the OWNER'S REPRESENTATIVE,
1.7. Respond to'1'C'EQ comments uniil the air reporting reports are accepted and approved by TCEQ,
2, landfill Capacity Evaluation.ENGINEER shall:
2_1_Consult with OWNER to clarify and define OWNER'S requirements for the evaluation process and review
available data.
2.2_Conduct up to two events to complete the Landfill Capacity Evaluation.
2,3,Collect field information needed tv complete the capacity evaluation to include the ground survey.
2.4. Prepare the capacity evaluation portion of the TCEQ Annual Report to include capacity calculations and
waste-fill drawings_
2,5,Furnish three copies of the above rep.-iris and documents to the OWNER 5 REPRESENTATIVE Cor submittal
with the TCEQ Annual]]rmlt.
2.6.Respond to TCFQ cornmens until the TCEQ Annual Report is accepted and approved by TCEQ.
3. Groundwater Monitoring. ENCi1C l l:R shall;
3.1.Consult with OWNER to clarify.and de fine OWNER'S requirements.for groundwater monitoring and review
available data.
3.2. Annual groundwater monitoring, including Sampling, testing, analytical evaluation, and reporting will
continue_ The annual sampling ever_'i conducted in January of each year. TCEQ's decision on the suspension
request is that Wichita Falls is required to continue sampling the existing wells,but will not be required to install
any new wells. _
Additional Services.
For"Additional Services" or"Other Optional Tasks"a separate"Letter of Amendment"will be prepared,each
subject to the terms and conditions of this Agreement. Said"letter of Amendment" will define(1) Scope of
Services to he performed,(2)Proposed Schedule of Services,a.nd(3)Cost of Professional Services_ Each"Letter
of Amendment" wilt be mutually ap-ced upon by the OWNER and ENGINEER, subject in the terms and
conditions within this Agreement and will he executed by the ENGINEER and Director of Public Works or
Designee.
Additional Services may include meetings. travel, regulatory coordination, legal coordination, response to
regulatory comments, and special requests as requested by the OWNER_ Additional services mad also include
but not be limited to professional services related to engineering moxdels, emsineering desiirm, prparation of
constraclinn documents, construction phase engineering services, construction quality assurance, iroundwater
modeling,permit mod i(lent ions,and other professional services..
LC4ioi.cd Skni.lray of Mai,.FatWAonrc, ,erY 2022.2tn}sA s,,. Paget
Whenever the need far any Additional Services described herein results from any net l_k cn:v. mistake.o,craigk_t
or other fault on the part of ENGINEER,the cast of these services shall be deemed to be inc:udcd in OWNER'S
payments to ENGINEER for Basic Services. Any s'jch Additional Setvices not performed by EN(iiNE:ER that
would otherwise he paid separately by OWNER shall be paid for by ENGINEER.
GENERAL CONDITIONS'.
1. Termination—OWNER may terminate this Agreement upon 10 days writteri notice to ENGINEER with the
understtmdirtg that all services being pr.rf;rmci,i under ilil.w:Apreemerit shall cease apoii the date specified in such
notice. ]r[the event of early terminallcn,b•NC:i I\l'FR shall invoice OWNER for a]]services completed and shall
be compensated in an amount corresponding to the amount designated as compensation for each phase.of the
work satisfactorily completed and accepted plus an amount u'orres?orAirrL to the percentage of work satisfactorily
completed and submitted to OWNER for any phase partly completed OE the etTectiue date of the termination_
Z.Ownership & Maintenance of Documents-.-All documents and digital files prepared and/or asaernbled by
ENGINEER under this Agreement shall become the property of the OWNER and shall he delivered to OWNER
without I'4 ;riwl r,n :In future use. OWNER's re-use of documents on lion.-e pre,rctr:w_11 he at the sole risk of
OWNER, L':N(iINE-.I:R may make copies of any and a]]documents for its!Iles and re-usr[r.fumiatiun contained
therein. I:N it l.l-f:wit:maintain project records for three years after the OWNER ha,Dieu'final payment to
the Contractor and all other)ending natters arc closed,and provide copies thereof to OWNER if requested,
3.Controlling Lavv.=This agreement is perfomiable and is to be governed by the law applicable in Wichita Fa1Vs,
Texas- Sole venue for any act i o is1 n F under this.Agreement rent shall he in Wichita County,Texas.
4. Assignment of CoContract—EN:GENEl-R shall not assign, sublet or transfer any rights under or interest in
(includMe, tut without Iimitat:ons,monies that may become due or monies that arc due)this Agreement without
the written consent of the OWNER. Unless specifaca:lu stated to the contrary in any written consent to an
ass.gnment, no assignment wil: releieu or discharge the a4s`,gncr from any duty or responsibility under this
Agreement. Noth_ng :.crnla_nei in this paragraph shalt prevent ENGINEER from employing independent
wonstrlaanl s,as`tiociates,subeonttactor=.and employees to assist in the performance of services hereunder.
S.No Thl'rd-Party Beneficiaries--Nor h I nj.herein shall be construed to give any rights or benefits to anyone other
that.OWNER and ENGINEER.
&. Itidependcnt Contractor--]n performing services under this Agreement, the relationship between OWNER
and ENG]NI-:F:R is that of independent contractor, and OWNER and ENG1NF.ER by the execution of this
Agr-anent do not change the independent contractor status of ENGINEER, No term or provision of this
Agreement tract of ENGINEER in the performance of this Agreer..w.nr shall he construed as making.ENGINEER
or any agent,servant or employee of ENGINEER the agent,servani or employee of OWNER.
7. l ink illfli[t..l'" G.I'dFER agrees to release, defend, indemnify• and hold tl_c OWNER whole and ➢►arrnle-ss
i:t.:lll*I :Ills. :Lll.i it 1 ;.''}iYi14, ,s+u11F, and Pntians for any,..t l i:i:l f]rsj'.iri4w or 1m 1e roads by err t r: behalf of
L i Ll.. officei atLnhi- iirt.'sy k00;r,. tutmg,1m mitheperformancet :Illt.:oted
perfornialt:.%• ;.his Contract regard lc s of whether the toil Ir + r(I.ilii .i,.',.i,4s r1 in whole or in;.)a-.1.h;''f..l:y acts
£Ij omissici},°I- W',N"I"f or;Ili~ or apparent condition IA
This tJrr:nnii Ii L I tis. ll,k,l} ;'. II"' I i t t in lte extent to wlsac:t, I Nf i I NI k.st 14 7c..liibited :r inn inoorriii-'k,lnig
a_g 'cn:n:a.la.e:1 it 1..1.7.i:in: : I.- I t,,:ol i i9 "l Ci5i4§271.9,:.1 ,ir,,Il4mr Ll.tt
8, Governmental Function Clause -- A11 parties agree that this contiact I' sire that pertains solely to a
governmental fur otion taken by or on behalf of the City of Wichita Falls.All partie,exp.:cssly agree that the City
is not engaging in any propriety functions.
U.C.1,nrnaSinr ' 2 .in3PSA1res Page 3
9. Contractual Damages Limitation Clause--Al]part'ieg arc that damages in this contract r limited only to
choose authorized under Texas Local Government Code Section 27 1.153. Specifically,the OWNER is not liable
for crarmequerttial damages or exenrplary Jarnages.
10. Waiver of Attorney's Fees--]f any aac,ion ad law or in equity is necessary to enforce this agreement, each
party agrees ire pay its own attorneys' fees and will not seek to recover its own attorneys` fees from the other
party CONSUI [ANT understands that leas Local Government CL]de subchapter I,§ 271.1 53(a)(3)provides
that the total atrlourt of money awarded in an adjudication brought against a governmental entity for breach of a
contract includes attorneys' fees. Both CONSULTANT and OWNER expressly waive all stanitory and other
rights to recover attorneys' fens pursuant to in 271.153(al{3)and all other law
IL Verification. f,being over the age of eighteen(18) years and in my official capacity representing an entity
that is a party to this contract with the City of Wichita Falls,hereby swear and verify under oath that;
I. Entity does not boycott Israel:and
2. Entity will not boycott Lsrael during the term of this contract.
3., Is not currently Listed on the State ef']'rxas.f.'orrpero:ler's Companies that Boycott Isrrgel List
located at httos„ifcompdroller,lexax.eok:l)lrcltct.' l�ultIt,• tort:,1i•.L wrient.php,
Signature
This itgreetrent and said attachments may only be amended,supplemented,modified or car_ccicd by a dt:ly rxkk udod
written instrument.
EXECUTED,this the day of ,2117.7.
OWNER: City of Wichita Falls,Texas ENGINEER: Riggs& Malik-0 s Ern iroamt:ntali mile,
_L-.-
1]1rrnn l..ei.ker,City Manager Gregg Adams,F. . rincipal
(sa:)
ATTEST;
.,
City Clerk
FORM APPROVED:
City ilt,ttorney
t.11ia5 anu alit Filed',afWawa FllIriAgratmeers,PW!Qn2 t1:1t5 NA dx. Page I