Loading...
HomeMy WebLinkAboutResolution - 3988 - Contract - HDR Engineering Inc - Landfill Site Selection & Permitting - 10/06/1992 (2)Resolution No. 3988 October 6, 1992 Item #20 RESOLUTION BE 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 Contract by and between the City of Lubbock and HDR Engineering, Inc., for the selection of a site for a Type I Municipal Waste Sanitary landfill, which Contract is attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of thf6th ncil shall constitute and be a part of this Resolution as if full copierein in d ta4 --�---1 Passed by the City Council this au of October , )992. ATTEST: ariftte Boyd, City Secreta APPROVED AS TO CONTENT: Lee R"amir6z, Solid Waste Superintendent AP:/S TO FO/'�R �'��� Ant ony Wj liams, Assistant City Attorney AW:dw/Agenda-D2/HDR.Res September 28, 1992 m CITY OF LUBBOCK LANDFILL SITE SELECTION AND PERMITTING AGREEMENT SEPTEMBER 1992 HDR ENGINEERING, INC. fal AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as Owner) and HDR Engineering, Inc., with principal offices at Suite 125, 12700 Hillcrest Road, Dallas, TX 75230-2096 (hereinafter referred to as Engineer): WITNESSETH: WHEREAS, Owner intends to site and secure a permit for a Type I Municipal Solid Waste Sanitary Landfill. The City will seek the assistance of a Citizens Advisory Committee to select a site. Once a site has been selected, Engineer will assist Owner secure a landfill construction and operating permit from the Texas Water Commission (TWC). WHEREAS, Owner requires certain professional services in connection with the Project (hereinafter referred to as the Services); and, WHEREAS, Engineer is prepared to provide such Services; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be October 8, 1992. ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 3 - COMPENSATION Owner shall pay Engineer in accordance with Attachment C, Compensation, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 4 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional engineer under similar circumstances and Engineer shall, at no cost to Owner, re -perform services which fail to satisfy the foregoing standard of care. 1 ARTICLE 5 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for actual construction means, methods, techniques, sequences, procedures, or safety precautions and programs used in connection with the Project by construction contractor. Engineer shall assist the Owner in the administering of its construction contracts with any contractor, subcontractor, vendor, or other project participant in order to fulfill contractual or other responsibilities to the Owner or to comply with federal, state, or local laws, ordinances, regulations, rules, codes, orders, criteria, or standards. ARTICLE 6 - OPINIONS OF CONSTRUCTION COST AND CONSTRUCTION SCHEDULE Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, Engineer's cost estimates shall be made on the basis of qualification and experience as a professional engineer. Since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be made on the basis of qualification and experience as a professional engineer. Engineer cannot and does not guarantee that proposals, bids or actual project costs will not vary from his cost estimates or that actual schedules will not vary from his forecast schedules. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, Owner and Engineer agree to allocate such liabilities in accordance with this Article 7. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 7.2 Indemnification. Engineer agrees to defend, indemnify, and hold Owner whole and harmless against all claims for damages, costs, and expenses of persons or property that may solely arise out of, or be occasioned by, or from any negligent act, error, or omission of Engineer, or any agent, servant, or employee of Engineer in the execution or performance of this Contract. 7.3 Defense of Claims. In the event an action for damages is filed in which negligence is alleged on the part of Owner and Engineer, Engineer agrees to defend Owner. In the event Owner accepts Engineer's defense, Owner agrees to indemnify and reimburse Engineer on a pro rata basis for all expenses of defense. Owner also agrees to indemnify and reimburse Engineer on a pro rata basis for any judgment or amount paid by Engineer in resolution of such claim. Such pro rata share shall be based upon a final judicial determination of negligence or, in the absence of such determination, by mutual agreement. 2 7.4 Employee Claims. Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner's employees. 7.5 Limitations of Liability. To the fullest extent permitted by law, Engineer's total liability to Owner for any and all injuries, claims, losses, expenses or damages arising out of or in any way related to the Project or this Agreement from any cause or causes including but not limited to Engineer's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the minimum amounts required by Article 10 of this agreement. 7.6 Other Project Indemnities. Indemnity provisions shall be incorporated into all Project contractual arrangements entered into by Owner and shall protect Owner and Engineer to the same extent. 7.7 Survival. Upon completion of all services, obligations and duties provided for in this agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INDEPENDENT CONTRACTOR Engineer undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of its own performance and that of its subcontractors agents and employees. Owner shall have no right to supervise the methods used but Owner shall have the right to observe such performance. Engineer shall work closely with Owner in performing Services under this Agreement. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the Services, Engineer will comply with applicable regulator requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. Engineer shall possess the licenses necessary to allow Engineer to perform the Engineering Services. Engineer shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. ARTICLE 10 - INSURANCE Prior to the time Engineer is entitled to commence any part of the services under this Contract, Engineer shall procure, pay for, and maintain the following insurance written by companies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to Owner. The insurance shall be evidence by delivery to Owner of (1) certificates of insurance, executed by the insurer, listing coverage and limits, expiration date and term of policy, and certifying that the insurer is licensed to do business in Texas or meets the surplus lines requirements of Texas law, or (2) a 3 certified copy of each policy including all endorsements. The insurance requirements shall remain in effect throughout the term of this Contract. A. Comprehensive General Liability Insurance The Engineer shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Explosion and Collapse Hazard Underground Damage Hazard Products and Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "C" waived) The Owner is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Comprehensive Automobile Liability Insurance The Engineer shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250/$500,000 Property Damage $100,000 to include all owned and non -owned cars including Employers Non -ownership Liability Hired and Non -owned vehicles. The Owner is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. C. Worker's Compensation and Employer's Liability Insurance As required by State statute covering all employees whether employed by the Engineer or any Subcontractor on the job, with Employer's Liability of at least $100,000 limit. D. Professional Liability Insurance (including errors and omissions) with minimum limits of $1,000,000 per claim. Engineer shall furnish Owner certificates of insurance which shall include a provision that such insurance shall not be cancelled without at least thirty days written notice to Owner. 4 ARTICLE 11 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment B, Owner's Responsibilities, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 12 - REUSE OF DOCUMENTS All documents, including drawings, specifications, and computer software, prepared by Engineer pursuant to this Agreement are instruments of service in respect to this Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer. ARTICLE 13 - AMENDMENT, TERMINATION, AND STOP ORDERS This Contract may be altered or amended only by mutual written consent and may be terminated by the Owner at any time by written notice to the Engineer. Upon receipt of such notice, the Engineer shall, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of this Contract and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Contract. The Engineer shall submit a statement showing in detail the work performed under this Contract to the date of termination. The Owner shall pay the Engineer promptly that proportion of the prescribed fee which applies to the work actually performed under this Contract, less all payments that have been previously made. Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the Owner. The Owner may issue a Stop Work Order to the Engineer at any time. Upon receipt of such order, the Engineer is to discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the order otherwise directs. If the Owner does not issue a Restart Order within 60 days after receipt by the Engineer of the Stop Work Order, the Engineer shall regard this Contract terminated in accordance with the foregoing provisions. ARTICLE 14 - NONDISCLOSURE OR PROPRIETARY INFORMATION Engineer shall consider all information provided by Owner to be proprietary unless such information is available from public sources. Engineer shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of Owner or in response to legal process. ARTICLE 15 - NOTICE Any notice, demand, or request required by or made pursuant to this Agreement shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. 5 To Engineer: HDR Engineering, Inc. Suite 125 12700 Hillcrest Road Dallas, TX 75230-2096 ATTN: William R. Hindman, Project Principal To Owner: City of Lubbock City Manager's Office 1625 13th Street Lubbock, TX 79401 ATTN: Rita P. Harmon, ACM Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representative of Engineer and Owner. ARTICLE 16 - UNCONTROLLABLE FORCES Neither Owner nor Engineer shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch. The provisions of this Article shall not be interpreted or construed to require Engineer or Owner to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 17 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. Any suit brought to enforce any provision of this Agreement or for construction of any provision thereof shall be brought in Lubbock County. 0 ARTICLE 18 - MISCELLANEOUS 18.1 Nonwaiver. A waiver by either Owner or Engineer of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. 18.2 Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. ARTICLE 19 - INTEGRATION AND MODIFICATION This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by each of the Parties. ARTICLE 20 - SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. ARTICLE 21 - ASSIGNMENT Neither Owner nor Engineer shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. 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 such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of the Services hereunder. 7 ARTICLE 22 - SUBCONTRACTORS No work herein called for by the Engineer shall be subcontracted to a subcontractor who is not acceptable to the Owner or assigned without prior written approval of the Owner. The Engineer shall require subcontractors to conform to the applicable terms of this Contract and include provisions which require subcontractor compliance with Owner Rules. ARTICLE 23 - THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Engineer. F q IN WITNESS WHEREOF,_Jbe- rties have executed this Agreement. APPROVED AS TO CONTENT: Rita P. Harmon Assistant City Manager Public Service & Safety APPROVED AS TO FORM: Anthony Wil lams Assistant City Attorney avid LangkO, Mayor A �-4- Boyd City Secretary HDR ENGINEERING, INC. By: Will R. Hindman, P.E. Senior Vice President Attest ichael E. Carleton Project Manager 0 ATTACHMENT A SCOPE OF SERVICES Phase I - Site Selection Work Element A. Landfill Site Selection The Engineer will assist the City in selecting a landfill site through a Citizens Advisory Committee. The following Work Element A defines tasks to be performed to result in the selection of a specific site for a landfill. Task 1100 - Facility Definition and Institutional Issues Task 1101 - Meet with City staff to define facility requirements and special characteristics that are anticipated for the landfill. Task 1102 - Provide information to the Owner regarding institutional issues related to the establishment of a "regional" disposal facility serving communities other than the City of Lubbock. Regional options explored will include inter -local agreements or a Regional Authority created by the state legislature. Ownership, flow control, financing and procurement issues will be identified and discussed as part of this effort. Task 1103 - Evaluate various landfill needs and budgetary costs for up to three regional scenarios. Evaluate various financing strategies such as long- term debt and sinking funds. Task 1104 - Prepare a facility definition report outlining institutional arrangements, the sources of waste to be accepted, projected annual and daily quantities in tons and cubic yards, any structural facilities to be located at the site, i.e., scales, scale house, recycling facilities, maintenance facilities. Attend appropriate meetings to present this information to the City. Task 1200 - Prior to the identification of any candidate sites, assist the City staff and the Citizens Advisory Committee to develop and approve Site Selection Criteria. Task 1201 - Work with the Citizens Advisory Committee and the City to establish siting criteria including broad based screening criteria and specific site evaluation criteria. Screening criteria will contain elements such as current land use, soil conditions, airport locations, etc. Specific Site Evaluation criteria will consist of technical, regulatory, operational and other elements as developed by the City and the Citizens Advisory Committee to reflect public interests. Task 1202 - Citizens Advisory Committee will formally approve siting criteria and, if appropriate, submit to City Council for their approval. Task 1203 - Work with the City and the Citizens Advisory Committee using the broad based screening criteria to establish a search area for specific sites. Task 1300 - Coordinate with the Citizens Advisory Committee, local realtors and City staff to identify and evaluate specific candidate sites. Task 1301 - Based upon Citizens Advisory Committee approval, seek candidate sites by one or more of the following methods. a. City staff and HDR identify potential sites in defined search area. b. Contact one or more local realtors to present potential sites in search area. C. Advertise in local newspaper seeking potential sites in search area from any and all realtors or land owners. Task 1302 - Assist the Citizens Advisory Committee examine potential sites submitted for consideration and eliminate from consideration those sites that obviously do not meet the selection criteria (i.e. too small, adjacent to restricted areas such as airports, etc.) Task 1303 - With the City staff and the Citizens Advisory Committee, evaluate the remaining candidate sites, based upon the established criteria to identify the top Primary Candidate Sites (3 maximum). Task 1304 - City to seek options to purchase and/or permission to enter Primary Candidate sites to conduct investigation. Task 1305 - Perform a detailed evaluation of the Primary Candidate sites using specific site evaluation criteria such as preliminary geotechnical investigation, development costs, transportation costs to the site, permit requirements, likelihood of opposition, and other factors that allow differentiation between acceptable sites and present to the Citizens Advisory Committee for their comments and approval. 2 Task 1400 - City Council approval of recommended site. Task 1401 - Prepare a report outlining the procedures and results of the Citizens Advisory Committee Site Selection Process. Task 1402 - Assist the Citizens Advisory Committee in presenting the recommended Site to the City Council. Work Element B. Project Management The Engineer will assist the City perform these tasks in a timely and efficient manner. Also, the Engineer will coordinate tasks with the City and maintain constant communication regarding project status and changing conditions. Task 2100 - Project Guide. The Engineer will compile a Project Guide for the entire project. The Project Guide shall contain: a summary of the project; project contacts; a description of the scope of services, schedules, and deliverables; and administrative procedures. Twelve copies of the Project Guide shall be made available to the Owner. Task 2200 - Status Reports. The Engineer shall provide the Owner with a monthly status report describing tasks completed during the previous month and tasks anticipated to be completed in the following month. An interim report on activities will be completed every six months and submitted to the Owner. Task 2300 - Meetings. It is anticipated that the Engineer will participate in Citizens Citizens Advisory Committee meetings. It is anticipated that as part of this scope of services nine meetings will be required. Additional meetings of the Citizens Advisory Committee will be considered Additional Services. Phase II - Permitting Work Element C. Proposed Sanitary Landfill - Permit Application Once a site has been secured by the City, the Engineer will assist the City obtain a Type I Municipal Solid Waste Facility permit from the Texas Water Commission (TWC). 3 Task 3100 - Existing Data Review Task 3101 - Based upon the design issues identified during the Site Selection Process develop a preliminary conceptual landfill design as a guide for all future work efforts. Task 3102 - Collect appropriate data and documentation as available from the City or other public sources. Task 3103 - Collect and compile current planning data and update SPAG Regional Solid Waste Management Plan. Task 3200 - Field and Laboratory Investigations Task 3201 - Follow-up Site Selection Process and develop a thorough understanding of current conditions and prepare a preliminary soil boring plan and piezometer plan. Consult with TWC to obtain their acceptance and approval. Task 3202 - Geotechnical Investigation Boring locations and depths will be selected based on an understanding of the most practicable excavation depths and regulatory requirements. Piezometers may be installed in boring locations in order to assess the groundwater surface elevation and gradient across the site. All boring locations will be identified on a current topographic map of the site and will include the surface elevation determined by a registered professional surveyor. All bore holes not converted into piezometers will be grouted from the bottom up with a non -shrink cement-bentonite mixture. Evaluation of piezometer data will include the preparation of a potentiometric surface map of the static water level across the site and recommendations for groundwater pressure relief and locating groundwater monitoring wells. A HDR hydrogeologist will evaluate the results and the preparation of a hydrogeologic model of the site. Task 3203 - Surface Water/Hydrology Study HDR understands that the purpose of the Hydrology Study is to collect available site data, conduct field surveys, and evaluate surface water data. rd Task 3204 - Geotechnical Report Preparation A geotechnical report will be prepared which presents a thorough evaluation of the basic geologic and hydrogeologic environment. Additional information presented in the report will include an estimation of the quantities of major soil strata which may be available for cover material, site -specific and regional geologic cross -sections, and supportive data and/or evidence collected during the preliminary site assessment study. The report will be presented in a format suitable for inclusion in the permit application. Task 3300 - Permit Application and Landfill Design Permit to Operate a Municipal Solid Waste Site HDR will prepare an application to TWC for a Permit to Operate a Municipal Solid Waste Site (Site Development Plan). Task 3301 - Attachment 1. General Location Map, showing the location of the site on a County Highway Map Task 3302 - Attachment 2. Topographic Map, showing location of the site, one - mile radius, airport distances, and access roads Task 3303 - Attachment 3. Land Use Map, showing Corporate/City Limits, one -mile radius, water wells, prevailing wind direction, zoning, and land use Task 3304 - Attachment 4. Aerial Photograph, delineating a one -mile radius around the site Task 3305 - Attachment 5. Topographic Map, delineating site boundary, existing drainage areas, plan view of cross-section locations, flood -prone areas (floodplain and floodway), and existing site topography (2-foot intervals) Task 3306 - Attachment 6. Sectorized Fill Layout, showing horizontal and vertical fill sequence, all-weather roadways, monitoring wells (groundwater and methane), buffer areas, and stockpile areas Task 3306A -Attachment 6A. Site Development Details, including All-weather roadway construction (access roads and on -site roads) - Drainage features, culverts, ditches Monitoring wells (groundwater and methane) Typical vertical and horizontal fill sequence - Groundwater protection (liner) features - Typical temporary diversion berms 5 Leachate collection system layout Methane migration control or recovery equipment layout Fencing Special easement considerations Other Task 3306B -Attachment 613. Excavation and Leachate Collection Plan, identifying both the proposed excavation depths with liner in place and the leachate collection system layout. Task 3307 - Attachment 7. Typical Fill Cross-section, drawings showing existing ground surface, limit of existing and proposed excavation, proposed final fill elevations, final cover, boring locations and logs, groundwater elevations, proposed drainage structures, and other significant features Task 3308 - Attachment 8. Groundwater and Surface Water Protection Facilities, as shown on Attachments 5, 6A, and 9 and discussed in the Design Data section Task 3309 - Attachment 9. Landfill Completion Plan, delineating final topography, drainage areas, levees, flood -prone areas, surface water quantities and locations of discharges Task 3310 - Attachment 10. Legal Description, confirmed by the boundary surveys, including all easements Task 3311 - Attachment 11. Soils Report Task 3312 - Attachment 12. Site Operation Plan, a plan to provide guidance to site management and operating personnel written in sufficient detail to enable them to conduct operations in a manner consistent with the landfill design throughout the life of the site. Task 3313 - Attachment 13. Evidence of Financial Responsibility, documents furnished by the City, such as a City Council Resolution, showing financial responsibility. Task 3314 - Attachment 14. Evidence of Competency, showing the permittee is competent to operate the site based on personnel available and operating history of other sites. 9 Task 3315 - Attachment 15. Applicant's Statement of Review, Commitment, and Agreement, stating that the Applicant intends to operate the site in conformance with the design plans and applicable regulations Task 3316 - HDR will prepare the following additional documents to satisfy TWC requirements. ■ Appendices including standardized TWC forms ■ Engineers Appointment ■ Solid Waste Data including quantity and quality of waste, sources of waste, and site -life and waste quantity calculations Task 3317 - HDR will provide the following Design Data a. Zoning/Land Use/Historical Sites Identification, a description of zoning and land use in proximity to the site, including routine correspondence with the Texas Historical Commission, all required permits and preliminary archaeological investigation if required. b. Access/Access Control Plan, addressing access road improvements or limitations, traffic volumes, vehicle types, wet - weather areas, site entrance, and fencing. Task 3318 - HDR will address the following engineering considerations. ■ Fill Method, to include a description of the fill method and technique. ■ Wet -weather Operations, to include a description of operating procedures during periods of wet weather. ■ Special Wastes, to include a description of operating procedures for handling special wastes. ■ Litter Control, to include a description of methods to control litter. ■ Site -Life Calculations, to include projected disposal rates and site -life calculations. ■ Final Use, to include a description of intended post -closure use of the site. 7 ■ Cover Material, to include a description of final cover design and provide soil balance calculations. ■ Fire Protection, to include a description of fire -fighting operations. ■ Post -closure Inspection, to include a description of operations, maintenance, and monitoring upon closure of the site. ■ Faulting and Subsidence, to include text addressing faulting and subsidence. Task 3319 - HDR will address groundwater protection as follows. ■ Groundwater Occurrence, to include a discussion of groundwater occurrence reported in the Geotechnical Report. ■ Leachate Generation, to include preparation of a water balance using the Thornwaite method. ■ Groundwater Monitoring, to include a description of groundwater monitoring plans. ■ Drinking Water Protection, including a description of drinking water protection. Task 3320 - HDR will address surface water protection as follows. ■ Existing Drainage Areas, including calculations and descriptions of existing drainage characteristics and features of the site. ■ Proposed Drainage Areas, including calculations and descriptions of proposed drainage characteristics of the site and proposed design features including ditches, levees, culverts, and berms. Task 3321 - HDR will address other pertinent issues which may include the following. ■ Wetlands, including identification and proposed mitigation of impacts of wetlands on the site, if any. ■ Threatened and Endangered Species, including determination of whether the site includes critical habitat for listed threatened and endangered species. 14 ■ Methane Venting and Recovery, including discussion of the potential for methane migration, proposed control measures if any, and proposed methane recovery activities, if any. ■ Soils Data, will be provided in Attachment 11 and discussed in the Design Data Section. ■ Air Emission Data, including results of air emission modeling conducted by HDR, if required. This modeling is not anticipated and is not included in the fee estimate. The landfill design and operating plan will include mitigating measures consistent with good engineering practice. HDR will provide a methane recovery system schematic design if required. Task 3322 - HDR will submit four copies of a draft permit application to the TWC after review and approval by the City. Task 3323 - HDR will address regulatory review comments and resubmit the application to TWC for a determination that it is "technically complete". After determination that the application is "technically complete", HDR will print twenty-five final permit applications and submit the required number to TWC. Task 3324 - HDR will provide presentations and testimony as required during public meetings and other local meetings necessary to acquire the necessary permits and approvals. Task 3325 - If required, HDR will obtain the latest HEC-2 profile model from the Corps of Engineers or the Federal Emergency Management Agency and verify model accuracy by comparing it to current flood insurance study data. HDR will conduct field studies to determine if HEC-2 model cross - sections are recoverable. New cross -sections will be incorporated into the HEC-2 model. HDR will determine flooding limits and flood elevations at new cross -sections using existing hydrology. The results of the HEC-2 model will be plotted on a site map to be used as a basis of design and base map for the Site Development Plan. Findings will be presented in a brief report which will summarize procedures used and conclusions reached. A Task 3326 - Wetlands Related Permits HDR will prepare an Application for Department of the Army Permit, if necessary, concerning the discharge of dredge or fill material into waters of the United States and pursuant to Section 404 of the Clean Water Act. Task 3327 - Levee Permit HDR will prepare levee alignment and cross -sectional drawings including spot elevations along the alignment. Also included will be a description of levee materials and compaction/construction techniques. After review and approval by the City, HDR will submit this information along with 100-year floodplain elevation data to the City or other agency having responsibility for administration of the Federal flood insurance program in order to obtain a levee permit. Levee design and design of other site appurtenances such as liners, leachate collection systems, slurry walls, etc. will be provided in sufficient detail to enable proper construction by experienced personnel. HDR can also provide detailed design plans and specifications suitable for bid purposes (not included in this scope). Task 3328 - Other Permits Other permits may be required for landfill development including a National Pollution Discharge Elimination System Permit (NPDES) for direct discharges to surface water or a permit to excavate an archaeological site. HDR personnel are qualified to prepare applications for such permits and will do so if authorized by the City as additional services. Task 3400 - Public Hearing Participation HDR will devote senior technical professionals or principals, plus a project manager or project engineers to prepare for a public hearing. In addition, technicians/drafters will prepare displays or other graphic materials for use in support of testimony. During the hearing, HDR will devote senior professionals, the project manager and any required project engineers. This time will be devoted to either actual expert testimony or attendance at the hearing. Additional resources are available to prepare for a hearing and provide testimony if necessary. The full resources of HDR's national solid waste staff are available for specialized testimony if warranted. 10 ATTACHMENT B OWNER'S RESPONSIBILITIES Phase I - Site Selection Work Element A. Landfill Site Selection 1. Owner shall organize a Citizens Advisory Committee and select a chair for the Citizens Advisory Committee. 2. Owner shall provide a facility definition memorandum that identifies the following: anticipated quantities of waste requiring disposal, including sources of waste; system life assumptions (20 year life); special site needs including possible areas for composting, brush management, recycling operations, or other features that could affect land requirements; possible uses of site following closure; other issues that could affect the size or types of operations to take place at the landfill facility. 3. Owner shall arrange for all Citizens Advisory Committee meetings, including place, meeting notices, meeting minutes. 4. Owner shall provide available maps and data in its possession which would aid in the selection of a landfill site. 5. Owner shall review technical memorandums and reports and provide comments two weeks prior to submittal to the Citizens Advisory Committee. 6. Owner shall periodically notify the Mayor and the City Council concerning the progress of the project and findings to date. Engineer will assist the City during these meetings and will attend Council meetings to provide technical assistance when required. Phase II - Permitting Work Element C. Proposed Sanitary Landfill Permit Application The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: 1. All maps, drawings, reports, records, audits, annual reports, and other data that are available in the files of the Owner and which may be useful in the work involved under this contract. 1 2. Access to public and private property when required in performance of the Engineer's services. 3. Office desk space for the Engineer's personnel during preliminary investigations. 4. The services of at least one of the Owner's employees or staff who has the right of entry to, and who has knowledge of, the existing facilities to aid Engineer in conduct of field reviews of existing facilities. 5. Property, boundary, easement, right-of-way, and utility surveys and property descriptions. 6. Releases to the news media concerning public meetings and public hearings. 7. Hall or auditorium space for public meetings and public hearings and the audio equipment and projection equipment required for such hearings. 8. Legal advertisement of public hearings. 9. Provision of court reporter for public hearings, if required by Texas Water Commission. 10. Legal and financial consulting services related to the project. 11. The services of at least one of the Owner's employees to aid Engineer in determining present and projected land use and determining present and future population. 12. Timely review of project memorandums and draft reports. Owner will review documents and submit comments to Engineer within 5 working days for project memorandums, and within 10 working days for draft reports. K �I ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering services required to secure a site for sanitary landfill and to assist the Owner secure a landfill permit for the selected site. COMPENSATION For the services covered by this contract, the Owner agrees to pay the Engineer as follows: A. For project management, meetings, and coordination and the engineering and technical services, an hourly billing fee for Engineer's personnel services plus subcontract personnel services at cost to Engineer. Phase I - Work Elements A and B The maximum billed for these Engineer's personnel services and subcontractor services shall not exceed $85,000 for Work Elements A and B. In addition, Engineer's and subcontractor's reimbursable expenses shall be billed at cost. Billing for reimbursable expenses are estimated to be $30,000. The fee schedule for the Engineer's personnel services are specified in paragraph E. Phase II - Work Element C Maximum fee compensation for Work Element C shall be determined upon site selection. It is not possible at this time to determine proper compensation due to the many variables yet undefined for specific site requirements. The fee schedule for thse personnel services is specified in paragraph E. B. For optional services, an hourly billing fee for Engineer's personnel services as specified in paragraph E, plus subcontractors personnel services at cost to the Engineer. C. For presentation and testimony during a public hearing conducted by the Texas Water Commission, an hourly billing fee for Engineer's personnel services as listed in Paragraph E. A scope of services shall be determined prior to the public hearing and a maximum amount billed for these services shall be specified in writing. A written notice to proceed shall be issued to the Engineer prior to the services being rendered. e r D. For supplemental services, an hourly fee for Engineers' personnel as listed in paragraph E plus reimbursable expenses and subcontract billing at cost to Engineer. Each item of supplemental services shall be established before the work is started. The amount billed for each item of supplemental services shall not exceed the amount established for it without further authorization. Additional amounts for supplemental services may be authorized, if necessary, as the work progresses. E. Hourly fees listed herein for Engineer's personnel services will apply until January 1, 1993 and shall be changed annually on January 1st for the upcoming twelve (12) month period. Classification Hourly Billing Rate Ranae Project Principal $140-$165 Senior Consultant $110-$145 Project Manager $75-$95 Sr. Engineer - Sr. Hydrogeologist $110-$135 Project Engineer $80-$85 Project Technician $50-$57 CADD Operator -Drafter $50-$57 Steno-Admin. $38-$42 F. The following expenses are reimbursable: 1. Travel, subsistence, and incidental costs 2. Use of motor vehicles on a monthly rental basis for assigned vehicles and on a current mileage basis or rental costs basis for vehicles used for short periods. 3. Telegraph costs, long distance telephone costs and project "onsite" telephone costs. 4. Reproduction of reports, drawings, and specifications E . I t 5. Computer time charges including program use charges. 6. Cost of acquiring any other materials or services specifically for and applicable to only this project. 7. Charges of special consultants requested or authorized by the Owner. 8. Special insurance coverage required by the Owner, including the cost of naming the Owner as an additional insured. 9. Local taxes or fees applicable to the engineering work or payments therefor. 10. Charges for review of drawings and specifications by government agencies, if any. 11. Cost of acquiring any other materials, or service specifically for and applicable to only this project. G. The Engineer agrees to use its best efforts to perform the services as defined in Attachment A within the billing limits stated above. H. Monthly payments shall be made to the Engineer by the Owner based ont eh Engineer's statement. For hourly fee items, the statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. The uncontested amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of 1-1/2 percent per month from the billing date, shall be due for accounts which are not paid within 60 days after the billing date. J. It is understood and agreed that the maximum billings of each of the above items are based on the start of the services being authorized not later than October 1, 1992. If start of services is not authorized not later than date given, it is understood and agreed that the upper billing limit may be adjusted accordingly by a supplement to this Agreement. K. That the Engineer shall start the performance of the services within ten days of receipt of notice to proceed. L. That the Engineer shall keep records on the basis of generally accepted accounting practices of costs and expenses and which records shall be available to inspection at reasonable times. 3