Res 103-2013 10/1/2013 RESOLUTION NO. 103-2013
Resolution Awarding Professional Services Agreement To Biggs And
Mathews Environmental, Inc. For Engineering Services For The City
Of Wichita Falls Landfill, In The Amount Of $70,000 For Basic
Services
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 cost for Engineering Services to complete the
sampling, testing, and reporting for the City of Wichita Falls Landfill is an estimated total
of $70,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute the attached Professional Services
Agreement with Biggs and Mathews Environmental, Inc., with changes as approved by
the City Attorney, for engineering services for the City of Wichita Falls Landfill, in an
amount of $70,000 for basic services.
PASSED AND APPROVED this the 1st day of October, 2013.
MAYOR
ATTEST:
City Clerk
Professional Services Agreement between the City of Wichita Falls and
Biggs and Mathews Environmental,Inc.for Engineering Services for the
City of Wichita Falls Landfill—Permit No.1423A Consulting Services for Fiscal Year 201312014
OWNER: The city of Wichita Falls;Attn:Director of Public worsts,P.O.Box 1431,Wichita Falls,Texas 76307
ENGINEER: Biggs and Mathews Environmental,Inc;1700 Robert Road,Suite 100,Mansfield,TY,76063
PROJECT: Engineering and hydrogeological professional services in support of various evaluations, studies,
modeling,permitting,design,environmental monitoring,field testing,and construction phases services for the City
of Wichita Falls Landfill,Transfer Station,and other municipal solid waste facilities.
PAYMENT:
1. Payment for Basic Services. OU74ER agrees to pay the following amounts for Basic Services rendered
pursuant to this Contract,a total amount not to exceed S70,000,subject to completion of the following phases of
the PROJECT:
Phase
Amount
Completion TCEQ Air Permitting $26,000
Completion of Landfill Capacity Evaluation $18,000
Completion of Groundwater Monitoring $26,000
Total $709000
2. Payment for Additional Services. OWNER shall pay ENGINEER for Additional Services requested and
rendered as follows:
2.1.Payment for Additional Services of Engineer rendered under this Contract shall be paid for at the following
rates when supported by invoices.
Personnel.Charges-Category Billing Rate Range S Per Hour
Administrative/Project Assistant 50—70
Sr.Administrative/Project Assistant 60—90
Designer/rechnician/Field Services Technician 50—75
Sr.Designer/Sr.Technician/Sr.Field Services Technician 70—90
Engineer/Scientist 75—100
Project Engineer/Scientist 90—120
Senior Project Engineer/Scientist 110—145
Principal Engineer/Scientist 130-175
2.2.For expenses for Additional Services,ENGINEER shall be compensated at the actual cost to ENGINEER
based on 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 instruments and equipment, including marine equipment,and
expendable items such as stakes and monuments.
3.Times of Payments:
3.1. Times of Payments—ENGINEER shall submit monthly statements for Basic and Additional Services
rendered.For Basic Services,the statements will be based upon ENGINEER'S estimate of the proportion of the
total services actually completed at the time of billing. OWNER shall make prompt monthly payments in
response to ENGINEER'S monthly statements. Upon conclusion of each phase of Basic Services, OWNER
shall pay such additional amount, if any, as may be necessary to bring total compensation paid on account of
such phase to the following percentages of total compensation payable for a[I phases of Basic Services.
3.2.Past-Due Payments--OWNER agrees to pay a charge of 0.5%per month on all invoiced owed amounts not
paid within 30 days of the date of the invoice, calculated from the date of the invoice. In addition,
ENGINEER may,after giving 10 days'written notice to OWNER,suspend services under this Agreement until
the ENGINEER has been paid in full all amounts due for services and expenses.
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OW'NFKS REPRESENTATIVE. Russell Schreiber,P.E.,Director of Public 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.ENGIlJEER shall:
1.1.Consult with OWNER to clarify and define OWNERS requirements for the Permitting process and review
available data
1.2.Collect field information needed to complete testing and calculation of a 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
OW14ER"S representative in connection with any such services acquired from others.
1.4.Prepare the Greenhouse Gas(GHG)Summary Report,Emissions Inventory, Air Emissions/Inspection Fee
Basis Form, Federal Operating Permit Annual Compliance,Tier 11 Testing Report and all other air permits as
required by TCEQ for submission.
1.5. Furnish three copies of the above reports and documents for review by the OWNER'S
REPRESENTATIVE.
L6. Submit the air permitting reports to the proper agency and proper number of copies to other required
agencies along with three copies to the ONVNER'S REPRESENTATIVE.
1.?.Respond to TCEQ comments until the air reporting reports are accepted and approved by TCEQ.
2. Landfill Capacity Evaluation.ENGWEER 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 to 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-Ell drawings.
2.5. Furnish three copies of the above reports and documents to the OWNER'S REPRESENTATIVE for
submittal with the TCEQ Annual Permit.
2.6.Respond to TCEQ comments until the TCEQ Annual Report is accepted and approved by TCEQ.
3. Groundwater Monitoring. Engineer shall:
3.1. Consult with OWNER to clarify and define OWNER'S requirements for groundwater monitoring and
review available data
3.2. Annual groundwater monitoring, including sampling, testing, analytical evaluation, and reporting will
continue until the suspension to groundwater monitoring is approved. The annual sampling event is conducted
in January of each year. One of the possible outcomes of TCEQ's decision on the suspension request is that
Wichita Falls could be required to continue sampling the existing wells,but not be required to install any new
wells.
Addidanal 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 be performed, (2) Proposed Schedule of Services, and (3) Cost of Professional Services. Each
"Letter of Amendment" will be mutually agreed upon by the OWNER and ENGINEER,subject to the terms
and conditions within this Agreement and will be 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 may also include
but not be limited to professional services related to engineering models, engineering design, preparation of
construction documents,construction phase engineering services, construction quality assurance,groundwater
modeling,permit modifications,and other professional services.
7rt:Fto-M'cacaarFSA fm eno s4�3s%.rr 1 a-14.dom page 21
Whenever the need for any Additional Services described herein results from any negligence,mistake,oversight
or other fault on the part of ENGL EER, the cost of these services shall be deemed to be included in OWNER'S
payments to ENGINEER for Basic Services. Any such Additional Services not performed by ENGINEER that
would otherwise be paid separately by OWNER shall be paid for by ENGINEER.
GENER-1.L CONDITIONS:
I.Termination—OWNER may terminate this Agreement upon 14 days written notice to ENGINEER 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, ENGINEER shall invoice OWNER for all 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 corresponding to the percentage of work
satisfactorily completed and submitted to OWNER for any phase partly completed on the effective date of the
termination.
2. Ownership& Maintenance of Documents--All documents and digital files prepared andr'or assembled by
ENGINEER under this Agreement shaii become the property of the OWNER and shall be delivered to OWNER
without restriction on future use. OWNER's re-use of documents on future projects will be at the sole risk of
OWNER.ENGINEER may make copies of any and all documeuts for its files and re-use information contained
therein. ENiGWEER will maintain project records for three years after the OWNER has made final payment to
the Contractor and all other pending matters are closed,and provide copies thereof to OWNER if requested.
3. Controlling Law--This agreement is performable and is to be ;ovemed by the law applicable in Wichita
Falls,Texas. Sole venue for any action arising under this Agreement shall be in Wichita County,Texas.
4. Assignment of Contract--ENGINEER 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 due) this Agreement
without the written consent of the OWNER. 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 ENGINEER from employing independent
consultants,associates,subcontractors,and employees to assist in the performance of services hereunder.
S.No Third-Party Beneficiaries—Nothing herein shall be construed to give any rights or benefits to anyone
other than OWNER and ENGINEER.
6.Independent Contractor--In performing services under this Agreement, the relationship between OWNER
and ENGINEER is that of independent contractor, and OWNER and ENGLNEER by the execution of this
Agreement do not change the independent contractor status of ENGINEER, No term or provision of this
Agreement or act of ENGINEER in the performance of this Ag eement shall be construed as making
ENGLI'MER or any agent,servant or employee of ENGINEER the agent,servant or employee of OWNER.
7. Indernni -- GINEER agrees to r l defend. indemnify, and hold the QWNER whole and harmless
against any and all 6aims, suit and actions for any claims of iniuries or damage made by or on ehalf of
EN01INFEER or any of EN 's officers. agents or em lovees resulting from the performance or
attempted erf ce of this Contract r f whether the in'ury or damage is caused in whole or in part
by anv acts or ornissiom of OWNER or any hidden Qr gpoarent condition of propgrty owned or controlled b
the OWNER. This indemnity shall not apylv to anv claim to the extent to which ENGINEER is prohibited from
indemnifying a govemmental entity pursugnl to Tex.Local Gov't Code `271.904 or other law.
M:%.Pmj 100C=ram%FSA rmr Enginering Sk,w -FY 13-14.4m Page 3
This agreement and said attachments may only be amended,supplemented,modified or canceled by a duly executed
written instrument.
EXECUTED,this the day of
C3VMR.- City of Wichita Fa1is,Texas EING NEER: Bisas and Mathews Environmental,Inc.
� F
Damon Leiker,City Manager Ke Iaraney, Y.F.._Presidcnt
(seat) (seal)
ATTEST.
Tracy Norr,City Clerk
FORM APPROVED:
Miles Risley,City Attorney
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