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HomeMy WebLinkAboutResolution - 2011-R0099 - Agreement - Enprotec/Hibbs & Todd Inc.- Engineering And Design Services For FTA - 02/24/2011Resolution No. 2011-80099 February 24, 2011 Item No. 5.11 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement between the City of Lubbock and Enprotec I Hibbs & Todd, Inc. to provide certain professional evaluation, engineering, and design services in connection with the Fire Training Academy (FTA) Site, and related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. by the City Council this February 24 2011. TTEST: PROVED _4S TO CONTENT: P.E., Chief Operations Officer ., ll�'fector of Water PROVED AS Attorney Srvs Agrmnt-FTA Remediation.res TOM MARTIN, MAYOR Resolution No. 2011-ROO99 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 24th day of February 2011, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Enprotec f Hibbs & Todd, Inc. (eHT) (the "Engineer"), a Delaware corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in the assessment, monitoring, remediation design, equipment installation, operations of remediation equipment, cleanup and closure of soil, groundwater, and air pathways that have been contaminated with pollutants and is qualified to perform such activities (the "Activities"); WHEREAS, Engineer has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for the price provided herein, said price stipulated by City and Engineer to be a fair and reasonable price; WHEREAS, the City desires to contract with Engineer to perform services related to the Activities and Engineer desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Engineer agree as follows: ARTICLE 1 Services 1.01 Engineer shall conduct all activities and within such time frames, as set forth on Attachment "A", "Scope of Services", attached hereto (the "Services") 1 ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article 1 shall be on a time and materials basis as provided in Attachment "A", attached hereto, not to exceed the sum of $81,604. Engineer shall invoice City monthly, after invoiced work is completed. 2.02 Omitted. 2.03 This Agreement shall expire on September 31, 2013. Additionally, the City may terminate this Agreement at any time during the term hereof by providing written notice to Engineer at least thirty (30) days prior to the effective date of termination as provided in such notice. In the event this Agreement is so terminated, the City shall only pay Engineer for services actually performed by Engineer up to the date Engineer is deemed to have received notice of termination as provided herein. ARTICLE III Independent Contractor 3.01 It is understood and agreed that Engineer is to perform the Services in a sound and professional manner and exercising the degree of care, skill and diligence in the performance of the Services as is exercised by a professional engineer under similar circumstances and Engineer hereby represents to the City that the Services shall be so performed. Further, Engineer is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Engineer and Engineer's employees will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, 2 state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE IV 4.01 Events of Default/Remedies a. City's Defaults/Engineer's Remedies. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by Engineer to perform hereunder, Engineer may, if said default shall be continuing after five (5) days notice of such default is deemed received by the City, exercise any right or remedy available to it by law, contract, equity or otherwise. b. Engineer's Defaults/City's Remedies. In the event Engineer shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five (5) days notice of such default is deemed received by Engineer, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. 3 ARTICLE V Insurance/Indemnity 5.01 Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non - owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A -VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability. Combined Single Limit: Professional Liabi Combined Single Limit: Automobile Liabili Combined Single Limit for any auto: $1,000,000 $1,000,000 $500,000 Per Occurrence Engineer shall further cause any approved subcontractor to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for Engineer, A-1 protecting City against direct losses caused by the professional negligence of the approved subcontractor. The City shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Engineer shall indemnify and hold City and City's elected officials, officers, agents, employees and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and expenses, and including reasonable attorney fees resulting or arising from, or related to, Engineer's negligent use or occupation of City owned lands, and/or the negligent performance, operations or omissions of Engineer under this Agreement. The indemnity FEW provided herein shall survive the expiration or termination of this Agreement. ARTICLE VI Miscellaneous 6.01 Engineer shall comply with applicable laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein. 6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For City: Aubrey Spear, F.E., Director of Water Resources P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3344 With Copy to: City Attorney P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3307 For Engineer: Fred Curnutt, P.E., Vice President Enprotec / Hibbs & Todd, Inc. 6310 Genoa, Suite E Lubbock, Texas 79424 Facsimile: (806) 794-0778 Mul 6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 6.04 This Agreement, including the exhibits and attachments hereto, represents the entire and sole agreement between the City and Engineer with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. 6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. 6.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 6.07 Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when Engineer has A-4 been compensated as set forth in Section 2.01, above. The Engineer shall make copies of any and all work products for its files. 6.08 A waiver by either City or Engineer of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. 6.09 Engineer may not assign or subcontract any part of the Services under this Agreement, in whole or in part, without the written consent of such assignment or subcontract by the City. Engineer may, subject to the right of approval by the City, subcontract certain of the Services to highly qualified professionals. The right of approval of the City of Engineer's subcontractors is hereby delegated by the City Council of City to the Director of Water Resources. The approval by the City of the subcontract requested by Engineer shall not affect the liability of Engineer hereunder to City for the timely performance of the Services as prescribed in this Agreement. The term "Engineer", as used in and for all purposes of this Agreement, includes Engineer's subcontractors and subconsultants. City and Engineer each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 6.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. 6.11 Engineer represents and warrants to City that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Engineer to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Engineer hereto. A-5 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. ENGINEER J"-' S c�,� — FRED CURNUTT, VICE PRESIDENT ENPROTEC, HIBBS & TODD, INC. CITY OF LUBBOCK TOM MARTIN, MAYOR ATTEST: CP , 0", '9� Rebe a Garza, City Secretary 0 APPROVED AS TO CONTENT: MIA Marsha eed, P.E., Chief Operations Officer G L•blll-' U e:e-, L--,- Aubrey Spea .E., Virector of Water Resources .... � IXXI I lei 4ROM vtP47,FZ'A1.1W FW; 6. FTA Remediation Contract 2.3.11 A -f Resolution No. 2011-ROO99 Attachment A Environmental Engineering Services Fire Training Academy (FTA) Site 102 Municipal Drive, Lubbock, Texas The scope of this project includes contamination remediation, assessment, coordination and closure of the Former Fire Training Academy Site located at 102 Municipal Drive in Lubbock, Texas. In 1996, the Texas Natural Resource Conservation Commission (TNRCC) met with the City of Lubbock (COL) and their environmental consultant to discuss actions necessary to assess and remediate the contamination at the FTA. The TCEQ (formerly TNRCC) has directed the COL in the actions necessary to assess and remediate the FTA site. In 2001, the FTA site was referred to the TCEQ's Texas Risk Reduction Program (TRRP) for cleanup. Numerous wells and samples (soil and groundwater) have been collected and analyzed as a result of the directives given by the TCEQ. A brief summary of some of the events completed in the City of Lubbock's Fiscal Year 2009/2010 is presented below: • Monitor wells MW -31 through MW -36 were installed and developed in July 2009. Soil samples from each monitor well were collected for analysis. In addition, sediment samples were collected from the bar ditch (BD S-1)) and the Blackwater Draw (BWD S-1, BWD S-2, and BWD S-3). MW -31 through MW -36 were gauged, purged and sampled in August 2009. Surface water samples were grabbed from the Blackwater Draw (BWD W-2 and BWD W-3) and the bar ditch (BD W-1). • An extension to submit revised Affected Property Assessment Report (AFAR) (to September 1, 2010) was requested on February 10, 2010 and was approved. • Texas Commission on Environmental Quality (TCEQ) granted an extension to submittal of the revised APAR to March 1, 2011. • Prepared/received approval of proposed Municipal Setting Designation (MSD) boundary for FTA. • Consultant met with Mark Weegar (TCEQ) in July 2010 in Austin, Texas to discuss closure pathway options and completion of the arsenic plume delineation. • MW -10 has been gauged and bailed (absorbent sock since April 2010) since October 2009. UWA Goal of Proposed Activities • Coordinate and receive concurrence on site activities in accordance with TCEQ regulations from the COL and TCEQ project manager. • Obtain a certified MSD for the FTA Site and approximately 100 acres of Meadowbrook Golf Course south of Municipal Drive across from the FTA Site. • Remove all non -aqueous phase liquids (NAPL) practicable from MW -10. • Complete the APAR revision once the MSD is certified. • Close the FTA site (no further action) with respect to the remediation and/or assessment of regulated chemicals of concern (COC). Scope of Work Task 1.0: Remove NAPL from Monitor Well MW -10 will be gauged and hand bailed or absorbent sock used on a monthly basis to remove the NAPL in MW -10. The progress and effectiveness of NAPL removal will be evaluated periodically to determine the frequency of sock removal and/or when NAPL removal activities will be discontinued. Liquid phase NAPL will be stored on site until a sufficient quantity is collected which will be disposed of in accordance with applicable regulations. Task 2.0: Monitor Groundwater Conditions Gauge and sample MW -31 and MW -36 via low flow and submit samples to the laboratory for analysis of total arsenic on an annual basis (2 events). The analytical results will be used to determine the stability of arsenic concentrations in the two wells. Task 3.0: MSD Preparation & Certification 3.1 Prepare and obtain certified MSD for the FTA and portion of Meadowbrook Golf Course area. Evaluate the city's water distribution system availability to property owners within '/2 mile of the proposed MSD boundary, determine the water well owners and Municipality/public utility that owns or operates a groundwater supply well located in the 5 mile radius of the proposed MSD boundary, and determine if any potable wells are located within 0.5 mile of the proposed MSD boundary. The overlap regions of other proposed and/or approved MSDs in the area will be determined in order to define areas which will require further research to determine water well owners and public groundwater wells. The information researched for prior MSDs will be used as applicable. Certified letters will be prepared and mailed to water well owners and any municipality/public utility that owns or operates a groundwater supply well located in the five mile radius around the MSD boundary. Assist with preparation and approval of City ordinances for the MSD for the FTA and Meadowbrook Golf Course area. 3.2 Perform a boundary survey of the proposed MSD area. A licensed surveyor will perform the survey and prepare legal descriptions for the MSD boundary area. Task 4:0: Assessment Report (APAR) Revision Prepare the APAR revision after the NAPL in MW -10 is removed to the practicable limit and the MSD is certified. In the APAR, we will request that the TCEQ grant permission to close the site. A-8 Task 5.0; Site Closure 5.1 Coordinate site closure events with COL and TCEQ. 5.2 Plug and abandon 36 monitoring wells on Site according to TCEQ rules. 5.3 Prepare the final Site Closure Report Task 6.0: Project Management Perform project management responsibilities. Manage project and coordinate with the COL and TCEQ project manager as needed. Reporting of the proposed assessment activities will consist of a monthly status update. Project Schedule Upon approval by the COL, el -IT will schedule a meeting with COL personnel to determine a schedule to accomplish the scope of work per year appropriate to the available funds. The hand bailing of MW -10 will continue. It is recommended to initiate the work on the proposed MSD concurrently with the sampling of MW -31 and MW -36. The completion of the APAR will be completed after the MSD is certified. All laboratory analyses should be completed within approximately 10 working days after sample receipt by the laboratory. Project Cost The fees for the project are presented on the cost summary below and are based upon estimates concerning time, sampling frequency, and subcontractor services. Should the scope of services change, we propose to submit a contract amendment to indicate the additional services and the associated fees. =I Cost of Services Task 1: Remove NAPL from Monitor Well Task 2: Monitor Groundwater Conditions Task 3: MSD Preparation & Certification Task 4: Assessment Report (APAR) Revision Task 5: Site Closure Task 6: Project Management Total Not to Exceed Fee $ 4,510 $ 5,844 $26,500 $17,590 $20,000 $ 7,160 $81,604 Refer to the Fee Schedule associated with these services on page A-5. Trace Analysis laboratory rates for 2011 are included. A-10 Fee Schedule Enprotee / Hibbs & Todd, Inc. CURRENT HOURLY CHARGES FOR PROFESSIONAL SERVICES January 2011 Charges include all salaries, salary expense, overhead, and profit. $320 Principal...............................................................................................................................................$ 160.00 per hour Senior Project Manager..........................................................................................................................140.00 per hour ProjectManager......................................................................................................................................120.00 per hour Senior Engineer/Hydrogeologist............................................................................................................12.0.00 per hour Project Engineer / Geologist ........................ ............ ........ -................ ......................... ..................... ....... I 10.00 per hour ProjectScientist........................................................................................................................................95.00 per hour Senior Engineering Technician............................................................. .....90.00 per hour Staff Engineer / Geologist... .................................... ................................................................................ 90.00 per hour Operations Specialist / Regulatory Compliance Specialist.......................................................................90.00 per hour Engineering Technician I..........................................................................................................................80.00 per hour Engineering Technician II........................................................................................................................70.00 per hour Engineering Technician III.............................................................. ...60.00 per hour CMTTech I..............................................................................................................................................45.00 per hour CMTTech 11.............................................................................................................................................40.00 per hour Environmental Tech I...............................................................................................................................80.00 per hour Environmental Tech II..............................................................................................................................60.00 per hour SurveyTech 1...........................................................................................................................................50.00 per hour CAD I....................................................................................................................... ............................... .75.00 per hour CADII......................................................................................................................................................62.50 per hour Secretarial................................ --................................................................................................ ,............ 40.00 per hour Expense Items Consultants, Contractors & Supplies....................................................................................................... Cost plus 10% Travel......................................................................................................................................Current IRS rate per mile TraceAnalysis, Inc Enprotec - City of Lubbock Pricing FY 2011. SVOCS (GC/MS) $320 VOC (GC/MS) $230 BTEX/MTBE (802 1) $60 TPH (TX1005) $60 Lead(6010) $34 PAH (8270) $230 Metals (6010) * $17 Pesticides (808 1) $193 PCBs (808 1) $132 A-1 I Resolution No, 2011-80099 ATTACHMENT A-2 COST PROPOSAL FOR ENGINEERING SERVICES Project Description: Fire Training Academy Site Rev Project Numbers: 3050 Ou er. City of Lubbock Engineer: Fred Cumutt Date: 1 -Nov -10 Total Hours: 742 Cost per Hour: $ 89 Total Reimbursible Cost: $ 1.040 Total Consultant Cast: $ 14,394 Total Stage Cost: $ 61.564 Direct Cost: $ 66,170 A-7 FTA FY2013 - � 1 11 •I Y4 • YI :111 ����1�lII�!!L'WS4�'+u'�I.Y6�L'11[']_IfL.IW� �II�®©®®®IIIIIIIIII�II�©®©®©®��IIIIIIIIII�IIII�����IIIIIIl�® !-®1-!!!-lIrII'!!r!`yy�!lIIIIIIIIIIIIIIIII�IIIII�l1rl�III!!!lI`IIIyIIIII�l�y IIIIIIIIIIIIIII�! 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