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HomeMy WebLinkAboutResolution - 4218 - Agreement - Parkhill Smith & Cooper Inc - Engineering Services, Landfill - 08_12_1993Resolution No. 4218 August 12, 1993 Item #21 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 an Agreement by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc. for engi- neering services and other related services at the City of Lubbock Landfill, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this f 12th ATTEST: ettyJohnsbn, City Secretary APPROVED AS TO CONTENT: Lee Ramirez, a uperinten ent APPROVED AS TO FORM: D ad G. an fiver, FirstAssistant' City Attorney DGV:js/PARKHILL.RES D2-Agenda/August 3, 1993 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as Owner) and Parkhill, Smith & Cooper, Inc., with principal offices at 4010 Avenue R, Lubbock, Texas 79412 (hereinafter referred to as Engineer): WITNESSETH: WHEREAS, Owner intends to continue to own and operate the City of Lubbock Landfill (Permit No. 69) until a new Landfill is permitted and in operation. WHEREAS, Owner requires professional engineering services and related 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 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; and as described in Engineer's proposal dated April 28, 1993 and the Owner's Request for Proposal RFP #12537, all of which are incorporated by reference as part of the Agreement. ARTICLE 3 - COMPENSATION Owner shall pay Engineer in accordance with Attachment B, 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. 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 - 1 - 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 rats 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. 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. -2- 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 regulatory 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 requirements of Texas law and acceptable to Owner. The insurance shall be evidence by delivery to Owner of one (1) certificate 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 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) -3- 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 canceled without at least thirty days written notice to owner. ARTICLE 11 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, 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 then 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. -4- 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 OF 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 State mail, postage prepaid, to the address specified below. To Engineer: Parkhill, Smith & Cooper, Inc. 4010 Avenue R Lubbock, Texas 79412 ATTN: Edwin E. Davis, Vice -President To Owner: City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 ATTN: Lee Ramirez, Solid Waste Superintendent 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 IWE 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. 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 parry'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. ARTICLE 22 - SUBCONTRACTORS No work herein called for by the Engineers 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 subcontracts 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. IN WITNESS WHEREOF, the parties have executed this Agreement. APPROVED AS TO CONTENT: Lee Ramire Solid Waste Superintendent APPROVED AS TO FORM: �C Attorney By r -� win . Davis, P.E. .00 Vice -President CITY OF LUBBOCK. TEXAS Attest ty Secre PARKHILL, SMITH & COOPER. INC. -7- Attest C. Clayto Yeage , P. President ATTACHMENT A TO CONTRACT FOR ENGINEERING SERVICES ATTACHMENT A TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Professional Engineering Services and Related Services for the Municipal Solid Waste Landfill A DESCRIPTION OF SCOPE OF SERVICES The following scope of services for the Municipal Solid Waste Landfill Professional Engineering and Related services is divided into four phases. Phase I, which has two subphases, includes tasks necessary to design, bid, and construction phase services relating to lining the remaining landfill cells. Phase II involves the necessary design services to complete final closure of Cell I. Phase III includes tasks necessary to modify the Owner's current landfill permit to meet Subtitle D requirements. Phase IV will include any miscellaneous services not specifically covered under other phases. Phase IA - Cell Liner Construction Contracts Category A. Study and Report: Task 101 Engineer will review available relevant information provided by the Owner. This includes but is not limited to the following; a. Engineering studies and reports concerning the landfill cell development. b. Construction plans and specifications, contract documents, bid tabulations, SLQCP and SLER for previously lined cell. c. Laboratory test data of clay soils under consideration for use in cell lining. d. Owner prepared technical specifications and drawings for liner material purchase, excavation and delivery to landfill. Task 102 Prepare a brief report and summary of findings in Task 101. Task 103 Engineer will schedule and conduct pre -design meeting in Lubbock with Engineer, Owner and Engineer's major subconsultants to discuss the project in detail. Engineer will advise Owner of any changes in TWC or EPA regulations and determine their impact on the project. Task 104 If necessary, Engineer will schedule and coordinate a pre -design meeting in Austin with the TWC, Engineer, Owner and Engineer's major subconsultants to discuss the project. Engineer will discuss proposed methods of construction, laboratory and field testing requirements and construction materials. Task 105 Engineer shall evaluate Owner's SLQCP and revise if necessary for this project. Engineer will evaluate a liner system consisting of 3' of clay vs. 2' of clay with a Flexible Membrane Liner (FML). If Engineer revises the SLQCP, Engineer will obtain A - 1 TWC approval of the revised SLQCP. If Engineer does not revise the SLQCP, Engineer shall in writing provide to the Owner documentation accepting the SLQCP. Category B. Preliminary Design: Engineer will prepare plans and specifications for cell lining. Bidding and construction services will be provided for up to seven separate construction contracts. The Engineer will evaluate the advantages and disadvantages of combining several or all of the projects into a single construction contract and provide the Owner with the Engineer's recommendations. The projected cell waste acceptance dates and their sizes are as follows: • Cell IVA North - August 20, 1993 - 4.9 acres. • Cell IVB1 - August 20, 1994 - 6.72 acres. • Cell IVB2 - October 31, 1995 - 6.72 acres. • Cell IVB3 - October 31, 1997 - 6.72 acres. • Cell VIA - March 25, 1998 - 11.72 acres. • Cell VIB - August 4, 1999 - 11.72 acres. • Cell VIC - December 13, 2000 - 11.72 acres. The dates are subject to change. Engineer anticipates the following work items for each cell liner construction contract. Task III Prepare a cell layout drawing showing proposed cell(s) dimensions. Task 112 Prepare standard specifications for construction and installation of a constructed cell liner. Specifications prepared in conformance with the sixteen division format of the Construction Specifications Institute. Task 113 Prepare standard procedures for laboratory and field testing. Task 114 Prepare standard procedures for field surveying. Task 115 Submit five (5) sets of Engineer's Preliminary Design documentation to the Owner. Category C. Final Design: Engineer anticipates the following work items for each cell liner construction contract. Task 121 Prepare final drawings to show the general scope, extent and character of the work to be furnished and preformed by a contractor. Task 122 Prepare final specifications in conformance with the sixteen division format of the Construction Specifications Institute. A - 2 Task 123 Engineer anticipates detailed final plans for each construction contract will contain a cover sheet, a plan view, cross -sections on 50' intervals both before and after liner construction, a layout grid map and two sheets of construction details. The technical specifications will include five major technical sections. Task 124 Submit five (5) sets of Special Provisions, Technical Specifications and Drawings to the Owner. Owner will provide Engineer with Owner's proposed Contract Documents (Notice to Bidders, General Instructions to Bidders, Bid Proposal, Contract and General Conditions). Engineer will review Owner's proposed Contract Documents and make recommendations (if any) for revisions. Category D. Bidding or Negotiating: Task 131 Owner will incorporate Engineer's Special Provisions, Technical Specifications and Drawings into Owner's standard Contract Documents and Owner will reproduce and distribute bid sets. Task 132 Conduct a pre -bid conference for prospective contractors for each construction contract. Task 133 Attend Bid opening. Task 134 Evaluate the bids received and recommend action. Task 135 Prepare contract documents for execution. Category E. Construction: Task 141 Conduct a preconstruction conference for each of the cell liner construction projects. Task 142 During liner construction, Engineer will make site visits to the site by the Professional of Record (POR). Site visits will meet TWC requirements. Task 143 Provide the services of a Resident Project Representative on site during liner construction as authorized by the Owner. Task 144 Review Contractor's monthly pay request and final pay request for each liner construction contract. Task 145 Conduct a final walk through of each liner construction project, prepare a final punchlist and do final punch list verification. Task 146 Provide required surveying and testing to document liner construction. Task 147 Prepare the final documentation and prepare and submit for approval the SLER to the TWC. If a FML is constructed, prepare and submit FMLER for approval to the TWC. A - 3 Category F. Surveying and Testing: Engineer will subcontract professional surveying services for design and construction phase services. Engineer will subcontract geotechnical testing services for the design and construction phase services. Engineer anticipates the following geotechnical tests: • Moisture/density relationships • Gradation • Atterberg Limits • Permeability • In -Place density Phase IB - Cell Liner Construction Material Procurement/Delivery Contracts Category A. Study and Report Task 151 Engineer will evaluate Owner's Scope of Work for Purchase, Excavation and Delivery of Clay Material to City of Lubbock Landfill. Engineer will provide Owner with Engineer's recommendations (if any) for revisions to the Scope of Work. Category B. Final Design: Engineer anticipates the following for each Material Procurement/Delivery contract. Task 161 Engineer will prepare specifications as authorized by the Owner for the purchase, delivery or purchase and delivery of cell liner material. Task 162 Submit five (5) sets of Special Provisions, Technical Specifications and Drawings to the Owner. Owner will provide Engineer with Owner's proposed Contract Documents (Notice to Bidders, General Instructions to Bidders, Bid Proposal, Contract and General Conditions). Engineer will review Owner's proposed Contract Documents and make recommendations (if any) for revisions. Category C. Bidding or Negotiating: Task 171 Conduct a prebid conference for each contract. Task 172 Evaluate the bids received and recommend action. Task 173 Owner will incorporate Engineer's Special Provisions, Technical Specifications and Drawings into Owner's standard Contract Documents and Owner will reproduce and distribute bid sets. A - 4 Category D. Post Contract Award Services: Task 181 Schedule and Conduct a Notice to Proceed Meeting for each Procurement/Delivery Contract. Task 182 As authorized by the Owner, Engineer will make periodic site visits to the material source. Task 183 Review Contractor's pay request, and submit to Owner. Phase II - Completed Landfill Cell Closure (Cell I) Engineer understands the Owner has prepared and submitted to the TWC a Closure Plan on Cell I including the area to the centerline of Blackwater Draw. Owner desires to complete closure of Cell I before the effective date of Subtitle D (April 1994). Engineer will perform the following work items for the Closure Plan. Category A. Review and Assess Existing Information Task 201 Review existing relevant information provided by the Owner. This includes but is not limited to the following: a. Existing closure plans b. Existing landfill topographic and boundary surveys Task 202 Prepare a report for Owner's approval that summarizes review and recommends specific course of action to follow. Category R. Final Cover Resolution Engineer understands Owner does not have final cover in place on Cell I. Engineer also understands that there is a question regarding the final elevations on Cell I with the TWC and FAA. Task 211 Engineer will evaluate the different courses of action available to the Owner in order to resolve the final elevation question, and make a recommendation to the Owner on which course of action Owner should follow. Task 212 The recommended action will include to either contract the work out or to do the work with Owner's forces. Task 213 If Owner authorizes final cover by contract, Engineer will prepare bid documents for final cover. Bid documents will include plans and specifications. A - 5 Task 214 Engineer will assist in bid opening and evaluation, contractor recommendations, and construction period services including Resident Project Representation. Category C. Closure Plan Procedures and Documentation Engineer understands that the Owner has filed "Letter of Intent to Close" with the TWC, and that Owner has filed "Affidavit to the Public" regarding closure with the Lubbock County Clerks Office. Task 221 Delineate on the ground the limits of all filled areas to be closed. Task 222 Determine the closure boundary and obtain metes and bounds description from the surveyor. Task 223 As part of closure design, obtain a topographic survey of the closure areas. Task 224 Complete Final Closure Plan to comply with TWC limits (Texas Rule 31 TAC 330.251.) Task 225 Prepare information necessary to document the final cover is two feet thick and that the final slopes meet the range of slope for final cover. Task 226 Determine the need for any methane vents over the completed landfill cells. If vents are needed, prepare plans and specifications forbidding and construction of vents. Vent design, bidding and construction phase services will be considered as Other Professional Engineer Services. Task 227 Review as necessary, all information as required with the local office of the TWC. Phase III - Permit Modification to meet Subtitle D Requirements Engineer understands this site will be operated beyond October 9, 1993, and subject to Subtitle D criteria for groundwater monitoring, lining systems, and leachate collection systems. TWC requires the site owner to submit a modification request to the agency specifying the changes to be made to the permit conditions. Engineer anticipates preparing the following items to comply with the permit modification requirement. A - 6 Category A. Certification of Demonstration of the Location Restrictions Task 301 Review all information relating to the location restrictions including airport safety, floodplains, and unstable areas to comply with Texas Rule 31 TAC 330.250(b). If site is in compliance, prepare a Certificate of Compliance for the facility. If the site is not in compliance, develop documentation necessary for TWC approval for continued operation until a new landfill is operational. Category B. Site Development Plan Engineer will review any existing Side Development Plan then prepare a revised Site Development Plan as required by Texas Rule 31 TAC 330.200-330.206 and 31 TAC 330.139. Task 311 Determine composite liner design (or approved alternate liner) as required in Subtitle D. Design will consist of a soil and flexible membrane liner (FML), or an alternative if deemed feasible. Task 312 Modify existing SLQCP as required to meet Subtitle D based upon approved liner design. SLQCP will also include installation methods for FML. Task 313 Develop run-on/run-off control plan that will control rainfall run-off from a 24-hour, 25-year storm event on all portions of the landfill that have not received final cover. Plan will address both rainfall run-off from offsite areas and the conveyance system to keep drainage out of active portions of the landfill, and also address the handling of rainfall onto the active working face. Task 314 Prepare and submit to TWC general topographic maps that illustrate the contours of the landfill site and of the land surrounding the landfill site. Task 315 Prepare and submit to TWC a legal description of the site. Task 316 Prepare and submit to TWC a Property Owner Affidavit. Task 317 Prepare plan view of the landfill identifying: a. Metes and bounds of property and waste disposal area. b. Access Roads. c. Surface drainage features such as 100 yr. flood plain, drainage structures, perimeter ditches. d. Area of the landfill which has been filled as of October 9, 1993. e. Surface topography of the landfill as of October 9, 1993. Task 318 Cross sections of the landfill that show; a. Cross section of proposed cells after October 9, 1993. b. Revised development schematic. c. Ditches, berms, or levees. A - 7 Catetory C. Final Closure Plan Task 321 Engineer will prepare plans and details of final cover for landfill as required by Texas Rule 31 TAC 330.253. Details will be prepared for cells that have a clay liner only, and for cells with a composite liner as determined by Subtitle D. Closure Plan will include; a. Details for final cover. b. Drainage areas and calculations for final cover. c. Final contour map that illustrates all drainage structures, proposed final cover slopes and contours. Category D. Cost for Closure and Post Closure Care Task 331 Engineer will prepare cost for Closure Cost and for Post -Closure Care as required by Texas Rule 31 TAC 330.280-330.286. Cost will include the following: a. An estimate of the largest area of landfill that will ever require final cover at any time during the active life when the extent and manner of operation would make closure most expensive. b. A detailed cost estimate of hiring a third party to close the portion of the landfill identified in D.1. c. During the active life of the landfill, Engineer will update the cost for closure within 60 days prior to the anniversary date of the financial instrument. Category E. Post -Closure Care Plan Task 341 Engineer will prepare a Post -Closure Care Plan as required by Texas Rule 31 TAC 330.281. Post -Closure Care Plan will include the following: a. Description of all monitoring and maintenance activities required for post closure care and the frequency at which these activities will be performed. b. Name, address, and telephone number of the office or person responsible for overseeing and/or conducting post closure care maintenance activities for the closed unit or facility. c. Description of any planned uses of any portion of the closed unit during the post closure period. d. A detailed cost estimate in current dollars of the cost of post closure care maintenance and any corrective action as described in the post closure care plan. Category F. Landfill Gas Management Plan Task 351 Engineer will develop a Landfill Gas Management Plan as required by Texas Rule 31 TAC 330.130. Landfill Gas Management Plan will include: A - 8 a. A routine methane monitoring plan to ensure that methane gas does not exceed 25 percent of the lower explosive limit in facility structures or at the facility property boundary. b. Type and frequency of monitoring. c. A remediation plan to follow should methane gas be detected at the lower explosive limit. Category G. Leachate and Contaminated Water Plan Task 361 Engineer will prepare a Leachate and Contaminated Water Plan as required by Texas Rule 31 TAC 330.130. Leachate and Contaminated Water Plan will include; a. Details of the storage, treatment and disposal of the leachate from the leachate collection system including; • Estimated rate of leachate removal • Capacity of sumps • Pipe material and strength • Pipe network spacing and grading • Collection sump materials and strength • Drainage media specifications Demonstration that pipes and perforations will be resistant to clogging and can be cleaned or rehabilitated b. Leachate disposal method and plan for implementation. Category H. Site Operating Plan Task 371 Engineer will prepare a Site Operating Plan (SOP) as required by Texas Rule 31 TAC 330.111-330.139. SOP will include specific guidelines, procedures, instructions, and schedules on the following: a. Job description for each category personnel at site. b. Description of all equipment in use at the site. c. Detailed description of the procedures personnel shall follow. d. Instructions to ensure that personnel comply with all governmental regulations (local, state, and federal) for operations standards of the type of work at the site. e. Procedures for detection and prevention of the disposal of regulated hazardous waste. f. Develop a fire protection plan that includes fire protection standards and training programs for personnel. Engineer will submit SOP to TWC for approval. Category I. Financial Assurance Task 381 Engineer will assist the City as needed to produce the required Financial Assurance as required by Texas Rule 31 TAC 330.280-330.286 and 31 TAC 330.3(h). A - 9 Category J. Ground -water Monitoring Requirements Task 391 Engineer will assist the Owner in complying with the Ground -water Monitoring Requirements as required by Texas Rule 31 TAC 330.231-330.235. Engineer will; a. Assist the City by preparing documentation necessary for certification of compliance with groundwater monitoring for a unit which meets one of the following distance restrictions: • Less than 1 mile from a drinking water intake. • Greater than 1 mile, but less than 2 miles from a drinking water intake. • Greater than 2 miles from a drinking water intake. b. Review all past groundwater characterization information obtained since 1991. Using this information, verify the number and location of permanent groundwater monitor wells meets TWC requirements. This assumes no contamination is found in the data. c. If contamination is found, Engineer will notify the Owner in writing. If authorized by the Owner, Engineer will develop an assessment program and oversee its implementation. Professional Services for the assessment program will be considered as Other Authorized Services. d. Using the information from J.1. and J.2., Engineer will develop a Ground -water Sampling and Analysis Plan (GWSAP). Phase IV - Other Professional Engineering Services and Related Services Authorized the Owner Owner may authorize the Engineer to provide additional Professional Engineering or Related Services not included in the above scope of services. A-10 ATTACEMENT B TO CONTRACT FOR ENGINEERING SERVICES ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Professional Engineering Services and Related Services for the Municipal Solid Waste Landfill COMPENSATION For the services covered by this contract, the Owner agrees to pay the Engineer as follows: PHASE I CELL LINER CONSTRUCTION PHASE II COMPLETED LANDFILL CELL CLOSURE PHASE III PERMIT MODIFICATION TO MEET SUBTITLE D REQUIREMENTS PHASE IV OTHER AUTHORIZED PROFESSIONAL ENGINEERING SERVICES AND RELATED SERVICES PHASE I CELL LINER CONSTRUCTION AND PHASE II COMPLETED LANDFILL CELL CLOSURE For Basic Services. OWNER will pay ENGINEER for Basic Services rendered as follows: For each Contract awarded for construction, materials and equipment for the Project, an amount equal to 8.0% of the Construction Cost for all Basic Services. When Construction Cost is used as a basis for payment it will be based on one of the following sources with precedence in the order listed of work designed or specified by ENGINEER. For completed construction work, the total cost of all work performed as designed or specified by ENGINEER. For work designed or specified but not constructed, the lowest bona fide bid received from a qualified bidder for such work; or, if the work is not bid, the lowest bona fide negotiated proposal for such work. For work designed or specified but not constructed upon which no such bid or proposal is received, the most recent estimate of Construction Cost, or, if none is available, ENGINEER's most recent opinion of probable Construction Cost. Labor furnished by OWNER for the Project will be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and MI equipment furnished by OWNER will be included at current market prices. No deduction is to be made from Construction Costs on account of any penalty, liquidated damages, or other amounts withheld from payments to Contractor(s). For Additional Services. OWNER will pay ENGINEER for Additional Services rendered as follows: The Engineer will be paid on an hourly rate basis and subcontract personnel services will be billed at cost. Engineers and subcontractors reimbursable expenses will be billed at cost including toll telephone charges, printing, travel, airfare, computer charges, and laboratory testing. Additional Services are identified by Phase and Task as follows: Phase IA, Category E, Task 143 - Services of a Resident Project Representative. Phase IA, Category E, Task 146 - Surveying and Testing of document liner construction. Phase IA, Category F - Subcontracted professional surveying and geotechnical testing services. Phase II, Category B - Subcontracted professional surveying and geotechnical testing services. Phase II, Category B, Task 214 - Services of a Resident Project Representative. Phase II, Category C, Task 222 and 223 - Subcontracted professional surveying services. Phase II, Category C, Task 226 - Methane vent design, bidding and construction phase services. PHASE III PERMIT MODIFICATION TO MEET SUBTITLE D REQUIREMENTS The Engineer will be paid on an hourly rate basis and subcontract personnel services will be billed at cost. Engineers and subcontractors reimbursable expenses will be billed at cost including toll telephone charges, printing, travel, airfare and computer charges. The maximum billed for Engineers personnel services, reimbursable expenses for the Engineer and subcontractor is shown as follows: Engineers Personnel Services Reimbursable Expenses Subcontractor MW 1 Illl 1�1�1 11 111 PHASE IV OTHER AUTHORIZED PROFESSIONAL ENGINEERING SERVICES Other Professional Engineering Services and Related Services described in Attachment A must be authorized in writing by the Owner. The Engineer will be paid on an hourly rate basis and subcontract personnel services will be billed at cost. Engineers and subcontractors reimbursable expenses will be billed at cost including toll telephone charges, printing, travel, airfare, computer charges and etc. The maximum billed for Engineers personnel services, subcontract personnel services and reimbursable expenses for the Engineer and Subcontractor will be determined before services are authorized. GENERAL Hourly fees listed herein for Engineer's personnel services will apply until December 31, 1993 and shall be changed annually on January 1st for the upcoming twelve (12) month period. Hourly Billing Classification Rate Principal -In -Charge $ 90 - 100 Project Manager $ 70 - 80 Project Engineer $ 65 - 70 Design Engineer $ 55 - 65 Engineer In Training $ 50 - 60 Geologist $ 50 - 60 Resident Project Rep $ 50 - 60 Technician $ 50 - 60 Drafter $ 40 - 55 Clerical $ 40 - 55 A. 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 cost basis for vehicles used for short periods. 3. FAX costs, long distance telephone costs and project "onsite" telephone costs. 4. Reproduction of reports, drawings, and specifications. WWJ 5. Postage and shipping charges for project -related materials. 6. Computer time charges including program use charges. 7. Rental charges for use of equipment as authorized by the Owner. 8. Cost of acquiring any other materials or services specifically for and applicable to only this project as authorized by the Owner. B. The Engineer agrees to use its best efforts to perform the services as defined in Attachment A within the billing limits stated above. C. Engineer shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The statements will be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing. Owner shall make prompt monthly payments in response to Engineer's monthly statements. Upon conclusion of each phase of Basic Services, Owner shall pay such additional amount, if any, as may be necessary to bring total compensation paid on account of such phase to the following percentages of total compensation payable for all phases of Basic Services: Phase Percentage Study and Report 15 % Preliminary Design 20 % Final Design 35 % Bidding or Negotiating 5 % Construction 25 % 100 % In the event of termination by Owner upon the completion of any phase of the Basic Services, progress payments due Engineer for services rendered through such phase shall constitute total payment for such services. In the event of such termination by Owner during any phase of the Basic Services, Engineer will be paid for services rendered during that phase on an hourly rate basis for services rendered during that phase to date of termination by Engineer's employees engaged directly on the Project. In the event of any such termination, Engineer also will be reimbursed for the charges of independent professional associates and consultants employed by Engineer to render Basic Services, and paid for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean additional Reimbursable Expenses directly attributable to termination, which, if termination is at Owner's convenience, shall include an amount computed as a percentage of total compensation for Basic Services earned by Engineer to the date of termination, as follows: 20% if termination occurs after commencement of the Preliminary Design Phase but prior to commencement of the Final Design Phase; or 10% if termination occurs after commencement of the Final Design Phase. D. 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. E. 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 September 1, 1993. If start of services is not authorized by date given, it is understood and agreed that the upper billing limit will be adjusted accordingly by a supplement to this Agreement. F. The Engineer shall start the performance of the services within five days of receipt of notice to proceed. G. 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. IM ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Professional Engineering Services and Related Services for the Municipal Solid Waste Landfill OWNER'S RESPONSIBILITIES The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: 1. Access to 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. 2. Access to public and private property when required in performance of the Engineer's services. 3. Access to existing property, boundary, easement, right-of-way, and utility surveys and property descriptions. 4. Full disclosure regarding the PROJECT. 5. A Project Manager fully acquainted with the PROJECT who has authority to approve changes in the PROJECT, render decisions promptly, and furnish information in an reasonable time frame. 6. Pay all costs for advertising and reproduction incident to advertising for bids and public meetings. C-1