Res 135-2009 10/6/2009 RESOLUTION NO. 135-2009
Resolution Authorizing The City Manager To Execute A
Professional Services Agreement With Biggs And Mathews
Environmental, Inc., For Services Related To The City's Landfill
Permit, In The Amount Of $204,000
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 of Engineering Services to complete the
sampling, testing and reporting for the City of Wichita Falls Landfill is an estimated total
of $204,000.00.
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., for services related to the
City's landfill permit, in the amount of $204,000, with changes to form as approved by
the City Attorney.
PASSED AND APPROVED this the 6 day of October, 2009.
, ` � G ��
MAYORPROTEM
ATTEST:
��
'ty Clerk
Professional Services Agreement between the City of V4'ichita Falls and
Biggs and MatheFVS Environmental, inc. for Engineering Services for the
City of Wichita Falls Landfil[ — Permit [sto. 1428A Consulting Services for Fiscal Year 2U09/2d10
OWNE12: The City of Wichita Falls; Attn: Director of Public Works, P.O. Box 1431, Wichita Fafls, Texas 76307.
ENGINEER: BiggsandMathewsEnvirpnmentat,Inc.,KennethWelch,P.E.,1700RobertlZoad,S�titel00,Mansfield,
TX, 76063.
YI20JECT: ENGINEEIt wilf complete monitoring, sampling and Landfilf evaluations, prepare and submit annual
reports and prepare and submit permit modifications for tlie City of Wichita Ralls Landfill — Perniit No. 1428A
Corisulting Services for Fiscal Year 2U09/2010.
TiMFTA6C�E: ENGINEER sha(l complete the following tasks on or before the fo[lowing dates:
I. Completion TCEQ Air Permitting September 30, 2010
2. Completian of Airspace Evalaation Se�tember 30, 2410
3. Completian of Groundwater Monitoring Scptember 30, 2010
4.1 Completion of Groundwater Modeling December 31, 2009
4.2 Complction of Subchapter J Groundwater We11 Spacing Permit Modification September 30, 20I Q
�, Completion oi'Additional Engineering Services September 30, 2010
The ENGINELR shail not be held responsible for fai[ure to meet the aforementianed timetables in the event chat the
cause of delay is nat the fault of the ENCINBER or the ENGINEER'S subcoi�iractors.
PAYME3VT:
l. Payment for Basic Services. dWNER agrees to pay the following amounts for Basic Services rendered pursuant
io this Contract, a total amount not to exceed $204,000, subject to completion of the following phases:
Phase Amount
I. Completi4n TCEQ Air Permitting $30,000
2, Completion of Landfill Capacity Evaluation $17,000
3. Completion of Groundwater Monitoring $23,000
4.1 Campletion of Gro�ndwater Modeiing $60,000
4.2 Completion of Subchapter J Gro�ndwater �Vell Spacing Permit Modification $50,000
5. Completion of Additional Engineering Services $2A,000
Total $20�,000
Nhase 4_ 1— Completion of Csroundwater Modeiing will be reviewed by OWNER prior to OWNF1t authqrization.
Phase 4.2 --- ENGINEER will not proceed with Phase 4.2 without authorization to proceed from �WNER.
2. Payment for Additionat Services. OWNER shali pay ENGINEER for Additional Ser�rices requested and
rendered as follows:
2.1. Payment for Additional Services of Engineer rendered under this Contract shall be paidfor at the fo[lowing rate
when supported by invoices.
BIGGS & MATtiEWS ENVIROIVMENTAL, iHC.
SCHEDULE QF CHARCES
z009/2Q10
PERSONNEL CHARGES Belling Ritte Rsinge
Category $ Per Hour
Administrative/Project Assistant 50 — 70
Sr. Administrative/Project Assistant b0 —90
Desi�ner/Technician/Field Services Technieian 50 — 75
Sr. Designer/Sr. Technician/Sr. Field Services'i'echnician 70 — 90
EngineedScientist 75 -- 100
Project Engineer/5cientist � — 12 �
Senior Project EngineedScientist 1!0 — 145
Principal Enginttr/Scientist 130 — 175
A multiplier of 1.I0 will bc app[ied to all direct expenses.
�epositions and expert witness testimony, including preparation time, wilf be bi!!ed at 1.5 times the above
hourly rates.
2.2. For expenses for Additiona( 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 chargts for thC usC of Ar1y SpeCial instruments and equipment, including marine equipment, and expendable
items sach as stakes and monuments.
3. Times af Payments:
3.1. Times af Payments--ENGINEER shall submit monthly statements for Basie and Additionat Services rendered.
�ar Basic Serviccs, the statements will be based upon ENCrWEER'S estimate of the proportion oftht totai serviees
act�ally completed at the time of billing. OWNER shali make prompt monthly payments in response to
ENGIIVEER`S monthly statements. Upon conclusion of each phase of liasic Services, UWN�K shall pay such
additional amount, if any, as may be necessary to bring totaf compensation paid on aocount of such phase to the
following percentages of total compensarion payable for aIl phases of Basic Services.
3.2. Past-Due Payments--OWNER agrees to pay a charge of 0.5% per month on ali invoiced awed 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 OVJNER, suspend services under this Agreement until the ENGINEERlias
been paid in full a11 amounts due for services and expenses.
OWNER'S REPRESENTAT[VE: Russell Schreiber, P.E., Director of Public Works, City of Wichita Falls
SE12VtCES OF ENGINEER - ENGINEER shall perform professional engineering services as hereinafter stated, which
include customary incidental engineering services:
I. 1'C�Q Air Permitting. ENGINEER sha11:
1.1. Consult with OWNER to clarify and define OWNF.It'S requirements for the Permitting process and review
avaitable data.
1.2. Collect field information needed to complete tesking and calculation of a new emissions rate.
1.3. Advise OWNER of the need to provide or obtain from others data or addirional sorviccs, and act as QWNPIt'S
representative in cannection with any such services acquired from others.
1.4. Prepart the Tier II Testing Report ancl all other air permits as required by TCEQ for submission.
I.5. Furnish three copies of the above reports and documants for review by the OWNER'S REPRESENTATIVE.
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I.G. Submit the Tier II Report to the proper agency and proper number of copies to other required agencies along
with three copies to the OWNER'S REPRESENTATIVE.
1.7. Respwld to TCEQ coinments until the Tier II Test Report is acce�ted and approved by TCEQ.
2. Land�l! C.apacity Evaluation_ ENGINEER shall:
2.1. Consult with OWNER to cEarify and define OWN�R'S requirements for the evaluation process and review
available data.
2.2. Conduct up to two events to complete the Landfili Capacity Evaluation.
23. Colfect fcld information needed to complete the capacity evaluation to include the ground survey.
2.4. Prcpare ttte capacity evaluation partion of the TCEQ Annual Report to include capacity calculations and waste-
fill drawings.
2.5. Furnish three copies of t3ie above reports and documents to the O W�fER'S REPRESENTATI VE for submittal
with the TCEQ Annual Permit.
2.G. Respond to TCEQ eomments uncil the TCEQ Annual Report is accepted and approved by TCEQ.
3. Croundwater Manitoring_ Engineer shall:
3.1. Consult with pWNER to clarify and define OWNER'S requirements for groundwater inonitoring and review
avai�able data.
3.2: Annual groundwater monitoring, inctuding sampling, lesting, a«afytical evaluation, and reporting will eontinue
uittit the suspension to groundwater monitoring is approved. The annuat sampling event is conducted in 3anuary of
each year. One ofthe possible outcomes of TCEQ's clecision on the suspension request is that Wiehita Fafls eould
be required to continue sampling the existing wells, but not be required to install any new wells.
4. Groundw:►tcr Wett Spacing Permit Modificatiori. ENGINBEIt shall:
4.1. Groundwater Modeling. ENGINEER shall perform groundwater mode]ing for thc City of Wichita Falls Landfill
to evaluate if a suspen5ion to gr�undwater monitoring is technically feasible or if Yhe current groundwater
monitoring well system spacing is adec}uate.
4.1.1. Consult with OWNER to clarify attd detine OWT�ER'S requirements for the groundwater modeling and
review availaUte data.
4.1.2. Conduct groundwater inodeling and prepare suminary af results.
4.13. Review results with OWNER to determine if it is technically feasible to prepaze a request for saspension
to groundwater monitoring as a permit amendmeni or to prepare a Subchapter J permit modification to
deinonstrate that the current groundwater monitoring system is adequate.
4.2. Subchapter J Groundwater NSonitoring Well Spacing Permit Modification. E1�TGINEEI2 shall prepar� a permit
r�lodification For subinittal to TCEQ as directed Uy the OWNER based on Ehc results of Phase 4.1.
4.2.1. Consult with OWNF.R to clarify and define OVJI�LR'S requirements for tlie permit amendment process
and review available data.
4.2.2. Collect information necessary to prepare the changes required by "I'CEQ to the Landfill Site Devefopment
Plan.
4.2.3. Prepare the changes to the Site Development Plan as required by TCEQ to incfude, but not be limited to,
Part III — Site Development Plan Narrative, Attachment 4—Geology and GeoYechnical Report, Attachment 5—
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Groundwater Characterization Report, Attachroent 6— Groundwater and Surface Water Protcction and
� Attachment I l— Grourtdwater and Sampling Analysis Plan.
4.2.4. Complete rcc�uired public nofices to properry owners within'/. mile ofYhe permit boundary as required by
the permit amendment.
4.2.5. Furnish three copies of the above permit amendment or permit modificatian and documents for the
OWNER'S REPRESENTATIVE to review.
42.6. Submit finalized permit amendment or permit modification to the TCEQ and required copies to other
departments as necdcd along with three final copies to the OWNER'S REPRESENTATIVE.
4,2,7. Prepare and submit responses to TCEQ comments and provide copies ofthe response to the OWNER'S
REPRESENTATNE, as required for final approval, and TCEQ issues the Subchapter J permit modification.
4.2.8.'The preparation of the Subchapter 7 Groundwater MoniYOring Well SpacingPermit Madification does not
include construction or installation of proposed wells.
5. Adflitional Services.
5.1. General. If authorized in writing by OWNER, ENCsINEER shall furnish or obtain from others Additional
Scrvices of thc following types. To thc exCent these Additional Services are not included in the Basic Services, they
will be paid for by the OWNER as indicated in the PAYMENT section of this Contract.
5_1.1. Preparation of appVications for permit modifications, governmental grants, loans or advances in
connection with the Pr6ject; preparation or review ofenvironmental assessrxients and impactstatements; review
of the efftet on the Projoct of any sucl7 environmental statements and documents prepared by others; and
assistance in obtaining approvals of authorities having jurisdiction over the anricipated environmental impact of
the Projcct.
5.1.2. Services to make detailed investigation of existing conditions or facilities, or to verify the accuracy of
drawings or othar information furnished by OWNEit, except as necessary for the proper design and .
construction of any various Projects.
5.1.3. Services resulting from significant changes in extent of th� Projxt, including, but not limita[ to, changes
it� size, complcxity, OWNER'S schedule, or character ofconstruction; and revising previously accepted studies,
reports, design documents or contract doeuments when such revisions are due to causes beyond ENGINEER'S
control.
5.1.4. Providing special presentation drawings, electroiiic presentations, renderings or models for OWNER'S
use.
5.1.5. Prepararion of any special reporCS required for marketeng of bonds.
5.1.6. Furnishing soil, foundation, and/or environmental tests and borings not included in otherBasie Services.
5.1.7. Providing decailed mi11, shop and/or [aboratory inspection of materials or equipmcnt.
5.1.8. Investigatio�s involving detailed consideration ofoperation and maintenance expenses; the prepararion of
feasibitity studies and appraisals; and assistance in obtaining financing for the Project.
5.1.9. Furnishing the services of special cons�ltants for purposes othar tltan the normal engincering incidental to
the Project, and providing data or services such as review of the Contractors' work to verify that the
construction work complies with the p[ans, specificatioils, and other contract documents, and will provide a
functional completed groduct when OWNER authorizes ENGINEER ta provide such data or services in lieu of
OWNEIt furnishing tl�eGn. For the purposes af this Contract, sorviccs of a speciat consuttant will be allowed
only when the need is confirmed by the OWNER'S REPRESENTATIVE.
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5.1.10. Applying for permits and Nermit modifications, from all governmental authorities having jurisdiction
over tl�e Project and furnishing such approvals and consents from others as may be necessary for compEetion of
the Project outside the scope of Basic Services.
5.1.11. Services resulting from the award of more tlian one prime contract for construction, materials,
equipment or services for the Project, and services resulting from the arranging for performance by persons
otlier than the Contractor and administerin� OWNET2'S contracts for such services.
5:1.12. Services in ca�nection with change orders to reflect changes requested by 4WrTER if the r�sulting
ehange in compensation for Basic Services is not eommensurate with the change in services rendered; szrviees
after thc award of t1�e Contract in evaluating substitutions proposed by the Contractor which require extensive
rcvisions to Drawings and Speci�cations; and services resulting fram significant delays, ehanges or price
increases occurring as a result of material, equipment or energy shortages.
5.1.13. Services during out-of-to�vn travel rec�uired of Et�GINEER other than visits to the �ite as requirecl by
Engineering Serviees, Seetion 1.
5.1.14. Addttianal or extersded s�tvices during construction made necessary i�y (1} �vork damaged by �re or
other cause duiine ConSteuCti�n, (2) a signifcant a�nount af dcfcctive or neglected work of Contractor, (3)
prolangation vf the contracc time of the ConEract by more than sixty days, (4) acceleration of the progress
Sctiedule involving services beyond normal working hvurs, and/or (5) defau(t by Contractor.
S.I.15. Services after completion of the Construction Phase, such as inspectians during any gu�rantee period
called for in the Contract.
S.I.I6. Serving as a consultant or witness for O�JN�TZ irr any litigation, pubiic hearing or other tegal or
administrative proceeding involving the T'rojeCt excepY as agreed to under Basic Services.
5.2. Whenever the need for any Additional Services described herein results from any negligence, inistake, oversight
or other fault on tl�e part af �NGINE�FL, the cost of fhes� services shall be deemed to be included in OWNER'S
payments to ENGINEER for �asic Services. Any such Additional Services not performed by ENGINEER that
would otherwise be paid separately by OWNER shall be paid for by ENGINEER.
GEPtERAL CONDITiOIVS:
1. Terrnination--OWNER may terminate tiiis Agreement upon 10 days written norice to ENGINEER with the
understanding Ehat all scrvices being performed under this Agreement shall cease upon tl�e date specified in such
notice. In the event of early tennination, ENGINEER shal[ invoice OWNER for al[ services compteted and shall be
compensated in an amount corresponding to the amowrt designated as compensation for each ghase of the work
satisfactorily completed and accepted plus an an,ount corresponding to the percentage of work satisfactorily
completed and subinitted ta OWI�IER for any phase partly completed on the effective date of the termination.
2. Ownership & Maintena►ice of C.locuments--All documents and digital files prepared and/or assembled by
ENGINEER under this Agreement shall become the pcoperty of tite OWNER and shall be delivered to OWNER
without restriction on future use. OWNER's re-use of documents on future projecEs will bc at the sole risk of
OWNER. �NGTN�ER cnay make copies of any and all documents for its ftles attd re-use infoemation contained
therein. ENGINEER wi ll maintain proj ect records for three years after the OUVNER has made final payment to the
Contraccor and a11 other pending matters are closed, and provide copies thereof to OWNER if requested.
3. Controlling L�w--This agreement is performable and is to be governed by the law applicable in Wichita Falls,
Texas. Sofe venue for any action arising under this Agreement shall be in Wichita County, Texas.
4. Assignment of Contract--ENGINEER shall �zoi assign, sublet or transfer any rights under or interest i�i
(including, but witl7out 1 imitations, monies that may become due or monies that are due} this Agreement wiihaut the
written consent of tlie OWNER. Unless speciticalty stated ta the contrary in any written consent to an assignment,
❑o assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing
contained in this paragraph shall prevent ENGINEER frotti� employing indepeudent consultants, associates,
suhcontractors, and employees ta assist in the performance of services ilereunder.
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5. No Third-Farty Beneficiaries--Nothing herein shal! be construed to give any rights or beneFits to anyone other
than OWNER and ENGINEBR.
6. [ndependent Contractor--In performing services under this Agreement, the relationship between OWNER and
ENG�TEER is that of independent contractor, and OWNER and ENGINEER by the execution of tiiis Agreement do
not change the irtdependent contractor status of ENGINEER No term or provision of this Agreement or act of
ENGII�IEER in the performance of this Agreement shal l be construed as making ENGINEER or any agent, servant
or employee of ENGINEER the agcnt, servant or employee of OWNER.
7. [ndemnitv--ENGINEER serees to release. defend, indemnify_ and hold the OWNER whole and harmless asainst
any and al) ciaims suits and actions for anv cfaims of iniuries or damaee made bv or on behaif of FNGINEER or
anv of ENG[NEER's officers aQents or emplovees resultins from [he performance or attemoted verformance ofthis
C'nntrart �oarrllecc nf whether the injurv or damage is caused in whole or in oart bv anv acts or omissions of
OWNER or anv hidden or aoparent condiYion of pronerh+owned or controlled bv the OWNER. This indemnity shail
not applv to anv olaim to the extent to which ENGINEER is,prohibited from indemnifvin� a�overnmental entitv
pursuant to Tex. Local Gov't Code �271.904 or other law.
This agreement and said attachments ►nay only be amended, supplemented, modified or canceled by a duiy executed
written instrument.
EXECUTED, this the day of , 200
OWNEI2: City of Wichita Falts, Texas EIVCINEER: Siggs and Mathews Environmeutal, Inc.
Darron Y.eiker, Ciry Manager Kerry . aroney, P.E., President
(seat)
AT"FEST:
Lydia Ozuna, City Clerk
FORM APPROVED:
Miles Risley, City Attorney