Res 133-2024 Biggs and Matthews Environmental Engineering Services for CWF Landfill 10/15/2024 Resolution No. 133-2024
Resolution authorizing the City Manager to execute Professional
Services Agreement to Biggs & 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 & 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
& Mathews Environmental, Inc., in an estimated total amount of $78,000.00, and the City
Manager is authorized to execute a contract for the City with said Contractor for the design
of such project.
PASSED AND APPROVED this the 15th day of October, 2024.
.l-
MAYOR
ATTEST:
c�, B
City Clerk
Proft-ssuinal Srrs ices Agreement het ,i,n tllr r ii, r 11 i hrt.t I rtl, •rn l rr.it iriii,a9N1, Inc.
for I:rigmeerin$Seri.ices fur the City i 11 ILlaahi I 1. uulill I',r in r \ la'h 1 t i,n,rrltrn• :time,,, I,,t
Fisca, loar :rQI .ii:" .iinai.i1
OWNER: The f. ir. rr ',1 ichita Falls:Ann-[Vector of Puh ., I• . I. , .1 falls. I X.?I,ii
ENGINEER: Biggs& Mathews 1•-nviroimental,Luc, 1700 l°,I•c.. V4,.r..1. '-•J . I I . :.l.itisfield,TX. 7i!,0(13
PROJECT. Engineering,ing and by drogcolneicaul professional services in support of various evaluations, studies,
rnudehue•permitting. design,environmental monitonne, field testing,and construction phases servickk tier the trity
of Wichita falls I andlilS, transfer Station.and other municipal solid waste facilities.
PAYMENT:
I. Payment for Basic Services. OWNER agrees to pay the following amounts fur [taste. Services rendered
pursuant io this(onIr et,a total amount not to exceed S78.000.subject to completion of the following chases of
the PROJECT
Phase
Amount
Completion R l`Q Air Permitting S11.500
Completion of I andtill Conseil), I van-anon S I9(1(.NI
Completion of Groundwater Monitoring S27.500
Total S78,000
2. Pay meat for Additional Services OWNER shall par I-N(iINF•I.R fur Additional Services requested and
rendered as follows.
2 I Paarmenl far Additional Services cif Engineer rendered under this Contract shall he paid for ai the following
rates when supported try insvoice-s
Personnel Charges-Category Killing Rate Hat Si Per Hour
Administrative Project Assistant cI) 80
Sr Admrnistnitive-Prore t.Assistant 75 100
I)esigncr technician.Field Services I es-Iowan (JO- 80
Sr Designer Sr Techniciart:Sr IitldServices Technician 75 - 110
E:ngtneerScientisl 75 - 110
Project Engineer Scientist 9 - 1.10
Senior Project F.ngincerrScrentist 110•- I75
Iotincipal t.ngineer'Sc sent ist 175--2 5
2.2. For expenses for Additional Services. ENGINEER shall he compensated at the actual cost to ENGINEER.
based on rates referenced above or as prevxr usiy agreed upon in wriung. Where field parties are used expenses
shall include charge, lot the use of any special enstruments and equipment. Including marine equiprricrtt and
expendable items such as stakes and mariunsents.
3.Times of Payments:
3.1. Times of Payments--ENGINFER shall submit monthly statements far Haste and Additional Services
rendered For ll-sic Services,the statements will use teased upon ENGINEERS estimate o1 the prnpuetlon al the
total services actually, completed at the time tit hd Irnit (>WNE.I(shall make prompt monthly payments in response
to ENGINEERS monthly statements. Upon conclusion at each phase of Basic Seri ices,OWNER shall pay such
additional amount. if any.as may he necessary, to brine total compensation paid an account of such phase to the
following percentages of total compensation payable for all phases of Basic Services
3.2. Past-Due Payments—OWNER agrees to pay a charge of O.S"a pet month on all invoiced owed amounts not
paid within 3l)days of the date of the invoice-calculated tram the date at the Invuicr- In addition.ENGINEER
A-1*m 4.ori111.i u l%I, .r.Isari.,rw.t.rl: a:�„•I}4[`.-• Rigs 1
Ina'. afrer giving ID days' written notice to OWNER. suspend sercicers tinder rhig A re lrlCua LYiitl,l r e
ENGINEER kris nten paid in MI all.arrtounu due for services and expenses.
OW NE ti'S RFf'LCF- F.°s'T 1.Tlk'r'• I2r=: LI Schreiber,P.E,,Director criPublic Wrir4.c..Cary t7f WickILia Falls
I; k It 'NI.1n if 7 .: I . ii;9II complete [he following professional engineering services 01 E;11c Sen.IL&IN
1..i• automat), incldenial engineering Kerv,cr:i
I. I i'I:d,E 1L11 Pr•11r111Liii.. w. {I[NEER shall.
I I.f:a'n.0 It with OWNER to clarify and d.cfine OWNER'S requirements for the Permitting pmeess and review
available data.
I .2.Collect lucid information needed 10 complete iestrng.and caIculul lun tiff a new CrIlLss ions rate.as required.
13.Ath ise OWNER of the need to provide or obtain Thom others data or additiirinal sere ices,and oci as OWNER'S
Tepresentarive,n c-xlrIL eLiLIr5 wick ally suds services acquired from others.
14 Prepare the Greenhon..ce(ins (CIEEGf SunnLary Rei_vort., Emissions Inventory, Aix Emissions'Ini i c1in Fee
Basis Form, Federal Operating Permit Annual c°o.nnpl iallc>r, ter LI Testing Report and all olificr air pain its as
required by TCEQ for brn r ion.
] 1 ii ii ir;I 'twee copies oldie above reports and documents fiar review by the OWN[IC REPRESENTATIVE.
i • ` 1 '1 I lie air perm irl.ing rei-AletS FIi riper .iyL•IYcti•and proper number of c piti i;U caJIfr rc;yu.ired ar_ €Ie its
• i iTae copies to the OWN I'Id'ti R I'I'Id]•:ti I:NTA'r'I V E.
J. .R;.:sp;:,rid to TCEQ comments unl i i',he air?up-1 %.rants are accepted and approved by TCEQ.
3. NGLNEER shall:
i o.'or .oili Yi 1LI, L. M.P. L1s LI.a1:u, and define OWNER'S requirements for the ewohsation pry and review
available data.
2.2.Conduct up to Iwo events to compfleti:ihr r.andfll{:opacit):J-:aalL,a ioIL.
Called Reid infomiation needed io .oinp•li..;e Ilie cafpil4,Iy eviiu.ation in include the ground survey.
Prepare Me es iry° evaluation p.. iit,n of the TCEQ annual Report to ,rnr]ua.'1e eapaeiry" caLeulai,ins and
waste-fill dnrwings.
2.5 Furnish three corpi s ofthe above reppriz and documents Iodic OWNER'S REPRESENTATIVE(sir vubmilial
with the TCEQ Annual Permit.
2.6.Rcspasid 10 TCEQ comments until the TCEQ A nmi.:l P.eptira is acceptant and approved by, TCEQ.
3. Groundwater Monitoring. U.N,L i I NI•:F:l dial i
3 I Consult wilt' C] NF:It ten alai ify and defuse OWNERS Ijd iI In Its for j muudwalrr niawi.ieorinig aiLd te4 ic'w
available data.
3.2 Annual groundwater innnitaringo- it ciiiilrwg sainpling, resting. analytical evaluation. ay.] reporting wit'
continua. The.onn11.at camp,r:1s;_.c11r is coiiiiuc-i d in faunae} of e.nch year i•Ci,:Q"s decision Lin the SaiSN1123 11
regve5 is EMIL Wichita'Falls is rcqu•red to continue sampling the c:4'song wells. bud will not be required 10 install
am,^ new wells. .
Additional Services.
For'-Add iLicwial Srveres'-CIF C)pciunal Tasks':"a separate"Letter or Amendment"will be prepared, each
subject to the leans and cenndiiions uI till, r xrcurip_ml.. Said. r_cTt'i .,f Amendmeav( define (1) Scdipe c.5I
Services to be performed.(2)Pr Sc'Hid!'le ,.I tie:rw•icea,and 4;1 Cost of Professional Services, E.itch-L.411e x
of Amendment- will be mutually agreed min by the OWNER aid ENGINEER. subject to the terms and
condli inns x4iLJ1 in di is Agcrnsc,ns and will be executed by the ENGINEER and i3irector of Public Works or
Designee.
Additional Services may include merings, rnrvel, reKulaioirk coordination. legal coordination. Tespor►se to
regulatory commons. and special requests as requested by the OWNER.. Additional services may also inc lade
hill ,i1r h I.r 11Letl to professional services related to engineering mode IN, engineering design, preparation of
construictiou jvc.tamenla, 4tin>SIIW Litin please engineering services, construction quielrty im kaoratiLe, gnyLintv.;skr
me d.eLing. permit modifical ions.amid other professional r •ices.
Whenever the nerd for any Additional Sets ices described Iscrcin results from.am negligence, mistake,oversight
of other fault on the part of l:N( INUI'R,the cost of these sc-rs'tcrs shall he deemed to be included in OWNER'S
payments to ENGINFFR for Basic Services Any such Additional Services not pet formed by ENliIbrEER that
would otherwise b paid Separately by OWNER shall be paid for by FNta1NITR
GENERAL CONDITIOikS:
1. Termination—OWNER may terminate this Agreement upon Ill days written notice to ENGINEER v+ith the
understanding that all services being performed under this Agreement shad cease upon the date specified in such
notice. In the event of early termination.l'N(;I NI.t It shalt Uivo ce OWNER for all services completed and shall
he compensated in an amount corresponding to the amount desiitnated as compensation for each phase of the
V% k satisfactorily coinplcted and accepted plus an amount corrr•.^,coding It)the percentage of waft Satisfactorily
completed and submitted to OWNER bar;,n• hhace partly cci i'pk:•_.1+ i tit.:..ffcctiv e date of the termination.
2. Ownership & Maintennu<< t li, •.u,ltcors—All documents aid ,ii ii,r1 lilr•i prepared anti or assembled by
ENGINEER under this Ag,reernent ime the property or oft I .1,,Nk-1(and shalt he delivered to OWNER
without restriction on future use. OWNI l re-use of documents. .u. future projects will be at the sole risk of
OWNER ENGINEER may make copies of any and all documents for is tiles and re-use information contained
therein. ENGINEER will maintain protcvct records for three years after the OWNER has made final payment to
the Contractor and all Other pending matters are closed.and pros ide copies thereof to OWNER it-requested
3.Cuntrollint Lan--This agreement is perforrnahtc and is to be.governed by the taw'applicable in Wichita falls,
Texa,. Sole venue for any action arising under this Agreerncnt shrill Min Wirh Ira County Trsac
1. Assignment of Contrac[••I Nt;INF-.F.R shall not assign. sublet or transfer any rights under or interest in
{including,but without limitations.monies that may become due or monies that are duel this Agreement without.
the written consent of the OWNER l htlevs specifically stated to the contras in any written consent to an
assignment no assignment wilt release or disehasge the assignor from any duty or respnnsihiliry oiler this
Agreement. Nothing contained in this paragraph shall prevent [N(iINI.I.k tram employing independent
consultants.associates,subcontractors, and employees to aisist io the performance of services hereunder.
5.!s , i told l'.ir i', If s•,1.s rls'ia r,es--Nothing herein shall be construed to give any rli;hts or benefits to anyone other
t .L i t i Vs`,: 1 I R.
6. Independent i; II actor—inperforming services under this Averment. the relahonship between OWNER
.1cpendent contractor and OWN'. R -slid ENGINEER by the executaivn of this
A :cminr ', nit iode•pendent contractor status, l �.i,ftiEF R. No term or provision of this
Ag-c•srr err i.,r;Kt:.! I NCilNl•a•:k in the perfottnancc of this Agircrnen•:.I••;i 1!-c construed as making ENGINEER
in 3fi, .i'.'crlr, y:r'..itit of employee of ENGINEER the agent.seryart 1,1 rnl+.uy_e of OWNE R.
7, In4cmnity--EN iINFFR agrees to release, defend, indemnify, and hold the OWNER whole and harmless
_... ... , _ _ .1i. by or ext behalf_of
�ain.st,an} and all elairns, suits and actions for any yliailp�.Sf�inl'ut'iey or darns �a_niaeir ,
ENGINEER err any of LNGINLLR•s officers.Agenis.or employees resultut�horn the fierfetmarisc cir atternptc•J
perfornla l sriSliTh.Contliwt regardless of whether the ind_u__r} or damage is catbird IA%hilt or in part by any.si L
or cimts-sruns of OWNER or any hcciden or_ parcnt condrtiohel property awned or cuntroile'd by the OWNER
Ihis indtmiut shall not apply to any claim to the extent to sv'hich I;Ni iNF.E:R isinbibitcd from adorn ittug
a govcmrncntal entity pursuant to 1 es Local t iviv-t C'ode 3.- l 90-I or other law,
8, t.,,sei bilisniii Function Clause -- All parties agree that this contract is one that pertains sirlcly- to a
Sos'enurtrntal tuic[wi,t.ii.ra b♦or on behalf of the City of Wichita falls All parties expressly agree that the City
is not eitgar.1.1• lei .rr.5 1ii.iprtety tuncrisxts.
9.Contractual Dann ages Limitation Clause--All parties agree that damages in this contract arc limited only to
choose authorized under Texas Local Goverment Code Section 271 153 Specifically,the OWNER i s nor liable
for consequential damages or exemplary damages,
10.Waiver of Attorney's Fees—If any action at lava. or in equity is necessary to enforce this agreement.each
pasty agrees to pay its own attorneys' fees and will not seek to recover its oven attorneys' fees from the other
party.CONSULTANT understands that Texas Local Govcrnmcnh Code subchapter 1, $271.1 53(a)(3)provides
that the tdal amount of money awarded in an adjudication brought against a governmental entity for breach ors
contract includes attorneys' fees. Bath CONSULTANT and OWNER expressly waive all statuary and other
rights to recover attorneys' fees pursuant to in §271.1 S3(ax3)and all other law
1 I. Verification.1, being over the age of eighteai (18)yrars and in my official capacity representing an entity
that is ah party to this contract with the City of Wichita Falls.hereby swear and verify under oath that:
1. Entity does not boycott Israel;and
2. Entity will not boycott Israel during the term of this contract.
3. Ian of currently Ii sled on the Slate of Texas Comptrc Rees Companies thai Boycott Israel List
located at hiip,tcu iyevllcl,ica • M.,�.�1irL!<u�Lht.
Si ,it
12.Venue.Venue shall reside exclusively in Wichita County, Texas
This agreement and said attachments may only be amended,supplemented. modified or canceled by a duly executed
written intt un Cnt.
EXECUTED, this the ..____. day of ,2024.
OWNER: City of Wichita Fails,Texas EN(;INEER;. Biggs& thews Environmental,Inc.
City Manager Gregg Adams, „Principal
(seal)
ATIEST:
City Clerk
FORM APPROVED:
City Attorney