Res 137-2010 12/21/2010 RESOLUTION NO. 137-2010
Resolution Authorizing The City Manager To Execute A Professional
Services Agreement With Biggs & Mathews, Inc For Engineering
Services For The City Of Wichita Falls Landfill For Fiscal Year 2010-
2011 In An Amount Of $70,000
WHEREAS, the City of Wichita Falls has determined that Biggs and Mathews
Environmental, Inc. is qualified to provide the engineering services related to air
permitting, capacity evaluation, and groundwater monitoring for the City of Wichita Falls
Landfill for Fiscal Year 2010-2011:
WHEREAS, it is found that the Engineering Services to complete the
aforementioned sampling, testing, and reporting services 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 between the City of Wichita Falls and Biggs & Mathews, Inc for
Engineering Services for the City of Wichita Falls Landfill for Fiscal Year 2010-
2011, in a total amount for Basic Services of $70,000, with such changes as are
approved by the City Attorney.
PASSED AND APPROVED this the 21 day of December, 2010.
MAYOR
ATTEST:
�
�:.��.,`,
y Clerk
Professional Services Agreement between the City of Wichita Falls and Biggs & Mathews, Inc for
Engineering Services for the City of Wichita Falls Landfill for Fiscal Year 2010-2011
OWNER: The City of Wichita Falls; Attn: Director of Public Works, P.O. Box 1431, Wichita Falls, Texas 76307
ENGINEER: Biggs & Mathews, Inc; 2500 Brook Avenue, Wichita Falls, Tx 76301
PROJECT: Engineering and hydrogeological professional services in support of various evaluations, studies,
modeling, permitting, design, environmental monitoring, field testing, and construction phase services for the City
of Wichita Falls Landfill, Transfer Station, and other municipal solid waste facilities.
PAYMENT:
1. Payment for Basic Services. OWNER agrees to pay the following amounts for Basic Services rendered
pursuant to this contract, a total amount not to exceed $70,000, subject to completion of the following phases of
the PROJECT:
Phase Amount
Completion TCEQ Air Permitting $30,000
Completion of Landfill Capacity Evaluation $17,000
Completion of Groundwater Monitoring $23,000
Total $70,000
2. Payment for Additional Services. OWNER shall pay ENGINEER for Additional Services requested and
rendered as follows:
2.1. Payment for Additional Services of Engineer rendered under this Contract shall be paid for at the following
rates when supported by invoices:
Personnel Charges
Category Billing Rate Range -$ Per Hour
Administrative/Project Assistant 50 — 70
Sr. Administrative/Project Assistant 60 — 90
Designer/Technician/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 1] 0— 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 monuma�ts.
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 fir all 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.
OWNER'S REPRESENTATIVE: Russell Schreiber, 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. ENGINEER shall:
1.1 Consult with OWNER to clarify and define OWNER'S requirements for the Permiting process
and review available data.
1.2 Collect field information needed to complete testing and calculation of a new emissions rate.
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 Tier II 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.
1.6 Submit the Tier [I Testing Report to the proper agency and proper number of copies to other
required agencies along with three copies to the OWNER'S REPRESENTATNE.
1.7 Respond to TCEQ comments until the Tier II Testing Report is 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 Landfiiil Capacity Eualuation.
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-fill 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.l 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. The ENGINEER shall not be held
responsible for failure to meet the aforementioned timetables in the event that the cause of delay is
not the fault of the ENGINEER or the ENGINEER'S subcontractors.
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 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 D'rector 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.
Whenever the need for any Additional Services described herein results from any negligence, mistake, oversight or
other fault on the part of ENGINEER, 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.
GENERAL CONDITIONS:
1. Termination—OWNER may terminate this Agreement upon 10 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 and/or assembled by
ENGINEER under this agreement shall become the property of the OWNER and shafl 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 documents for its files and re-use information contained
therein. ENGINEER 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 governed by the law applicable in Wichita
Falls, Texas. Sole venue for any action arising under thisagreement 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 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 ENGINEER from employing independent
consultants, associates, subcontractors, and employees to assist it in the performance of seNices hereunder.
5. 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--[n performing services under this agreement, the relationship between OWNER
and ENGINEER is that of independent contractor, and OWNER and ENGINEER 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 Agreement shall be construed as making
ENGINEER or any agent, servant or employee ofENGINEER the agent, servant or employee of OWNER.
7. Indemnity--ENGINEER agrees to release defend indemnif�and hold the OWNER whole and harmless
aQainst anv and all claims suits and actions for any claims of injurv or dama�e made bv or on behalf of "
ENGINEER or anv of ENGINEER's officers a,gents or emplovees resulting from the performance or attempted
performance of this Contract re�ardless of whether the injury ordamaQe is caused in whole or in part bv anv acts
or omissions of OWNER or anv hidden or apparent condition of prope� owned or controlled bv the OWNER.
This indemnity shall not a�plv to anxclaim to the extent to which ENGINEER is prohibited from indemnifvin�
a Qovernmental entitv pursuant to Tex. Local Gov't Code � 271.904 or other law
This agreement and said attachments may only be amended, supplemented, modified or canceled by a duly executed
written instrument.
EXECUTED, this the day of , 200_
OWNER: City of Wichita Falls, Texas ENGINEER:
Darron Leiker, City Manager
(seal) (seal)
ATTEST: ATTEST:
Lydia Ozuna, City Clerk
FORM APPROVED:
Miles Risley, City Attorney