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HomeMy WebLinkAboutResolution - 2008-R0453 - Professional Services Agreement - Terracon Consultants, Inc. - 11_20_2008Resolution No. 2008-RO453 November 20, 2008 Item No. 5.19 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and cted to execute for and on behalf of the City of Lubbock, a Professional Services eement, by and between the City of Lubbock and Terracon Consultants, Inc., and all ted documents. Said Professional Services Agreement is attached hereto and )rporated in this Resolution as if fully set forth herein and shall be included in the utes of the Council. sed by the City Council this 20th day of November 2008. T raoRTIN, MAYOR TTEST: City A. Sp4ar, Directof of Water Utilities AS TO FORM: isner, First Assis rof. Services Agree.res 11, 2008 Resolution No. 2008—RO453 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 20th day of November , 2008, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Terracon Consultants, Inc. (the "Engineer"), a Delaware corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in evaluation and study of hydrology, including without limitation, ground water quality, ground water remediation activities and issues related to discharges of treated effluent and is qualified to perform such activities (the "Activities"); WHEREAS, Engineer has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for the price provided herein, said price stipulated by City and Engineer to be a fair and reasonable price; WHEREAS, the City desires to contract with Engineer to perform services related to the Activities and Engineer desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Engineer agree as follows: ARTICLE I Services 1.01 Engineer shall conduct all activities and within such time frames, as set forth on Attachment "A", "Scope of Services", attached hereto (the "Services"). Page I of 18 ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article I shall be on a time and materials basis as provided in Attachment "A", attached hereto, not to exceed the sum of $140,000. This amount shall be invoiced to the City monthly as work is performed. 2.02 The City may authorize Engineer to perform services in addition to those specifically described in Attachment "A" ("Additional Services"), not to exceed the sum of $25,000. The City Council of the City herein delegates the authority to authorize additional Services to the Director of Water Utilities. 2.03 This Agreement shall expire on December 31, 2009. Additionally, the City may terminate this Agreement at any time during the term hereof by providing written notice to Engineer at least thirty (30) days prior to the effective date of termination as provided in such notice. In the event this Agreement is so terminated, the City shall only pay Engineer for services actually performed by Engineer up to the date Engineer is deemed to have received notice of termination as provided herein. ARTICLE III Independent Contractor 3.01 It is understood and agreed that Engineer is to perform the Services in a sound and professional manner and exercising the degree of care, skill and diligence in the performance of the Services as is exercised by a professional engineer under similar circumstances and Engineer hereby represents to the City that the Services shall be so performed. Further, Engineer is and shall be considered at all times an independent Page 2 of 18 4.01 contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Engineer and Engineer's employees will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE IV Events of Default/Remedies a. City's Defaults/Engineer's Remedies. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by Engineer to perform hereunder, Engineer may, if said default shall be continuing after five (5) days notice of such default is deemed received by the City, exercise any right or remedy available to it by law, contract, equity or otherwise. b. Engineer's Defaults/Ci 's Remedies. In the event Engineer shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five (5) days notice of such default is deemed received by Engineer, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. Page 3 of 18 5.01 ARTICLE V Insurance/Indemnity Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: Professional Liability: Combined Single Limit: Automobile Liability: Combined Single Limit for any auto: $1,000,000 $1,000,000 $500,000 Per Occurrence Page 4 of 18 Engineer shall further cause any approved subcontractor to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for Engineer, protecting City against direct losses caused by the professional negligence of the approved subcontractor. The City shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Engineer shall indemnify and hold City and City's elected officials, officers, agents, employees and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and Page 5 of 18 expenses, and including reasonable attorney's fees, to the extent of Engineer's negligence, as a result of, related to or arising from Engineer's negligent use or occupation of City owned lands, and/or the negligent performance, operations or omissions under this Agreement. The indemnity provided herein shall survive the expiration or termination of this Agreement. ARTICLE VI Miscellaneous 6.01 Engineer shall comply with applicable laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein. 6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For City: Tom Adams, Deputy City Manager P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-2051 Page 6 of 18 w/ copy to: Aubrey Spear, P.E., Director of Water Utilities P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3344 For Engineer: Terracon Facsimile: 6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 6.04 This Agreement, including the exhibits and attachments hereto, represents the entire and sole agreement between the City and Engineer with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. 6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. 6.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so Page 7 of 18 long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 6.07 Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when Engineer has been compensated as set forth in Section 2.01, above. The Engineer shall make copies of any and all work products for its files. 6.08 A waiver by either City or Engineer of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. 6.09 Engineer may not assign or subcontract any part of the Services under this Agreement, in whole or in part, without the written consent of such assignment or subcontract by the City. Engineer may, subject to the right of approval by the City, subcontract certain of the Services to highly qualified professionals. The right of approval of the City of Engineer's subcontractors is hereby delegated by the City Council of City to the Director of Water Utilities. The approval by the City of the subcontract requested by Engineer shall not affect the liability of Engineer hereunder to City for the timely performance of the Services as prescribed in this Agreement. The term "Engineer", as used in and for all purposes of this Agreement, includes Engineer's subcontractors and subconsultants. City and Engineer each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. Page 8 of 18 6.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. 6.11 Engineer represents and warrants to City that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Engineer to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Engineer hereto. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. CITY OF LUBBOCK TOM MARTIN, MAYOR ATTEST: Rebe a Garza, City Secretary I Aubrey A. $Vjkr, Director 6f Water Utilities APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney Page 9 of 18 Terracon Nan Title: G Page 10 of 18 Resolution No. 2008—RO453 ATTACHMENT A Described below is the scope of work and associated fees for Terracon to provide consulting services to the City of Lubbock for the Hancock Land Application Site (HLAS) and Lubbock Land Application Site (LLAS). This exhibit outlines specific tasks, estimated project hours, budgets, and not to exceed amounts for Terracon to complete the anticipated scope of work. Terracon's fee schedule that will be used for negotiating fees for Additional Services not included in this scope of work is also included in this exhibit. Specific tasks to allow Terracon to review site data, to assist the City to define project strategies, revise the Remediation Work Plan, and interface with the Texas Commission on Environmental Quality (TCEQ) are included in this scope of work. In addition, Terracon has included tasks to manage project data and prepare state mandated routine annual monitoring reports for the HLAS and LLAS for submission to the TCEQ in May 2009. Additional tasks ("Additional Services") such as static water level recovery program assistance, off -site groundwater monitoring, aquifer testing, investigation of deep-seated nitrogen, and development of a revised groundwater model may be negotiated as Additional Services and may be added to this Agreement by amendment hereof. Task 1— Project Review and Strategic Planning This task includes the review of project documents, site visits, strategic planning with the City of Lubbock, and interfacing with regulators. Task 1.1—Document Review Terracon will review project documents for the HLAS and LLAS, including: ■ Agreed Order with the Texas Water Commission; ■ Texas Pollution Discharge Elimination System (TPDES) permits and applications; ■ Groundwater Level Measurement Quality Assurance Plan; ■ Groundwater Sample Collection Quality Assurance Plan; ■ Recent Annual Reports for HLAS and LLAS; ■ Previous soil and water monitoring and gauging data and data management; ■ Boring and well logs; ■ Remediation work plans; ■ Groundwater model development documentation and reports; ■ Previous correspondence with the TCEQ; and ■ Pertinent documentation provided by the City of Lubbock relating to farm and wastewater operations. Task 1.2 — Site Visit and Strategic Planning Meeting Terracon will tour the HLAS and LLAS sites to review wastewater, farm, and remediation operations. After visiting the sites, Terracon will meet with City of Lubbock personnel to Page 11 of 18 discuss strategic planning for the LLAS. The strategic planning session(s) will address both short-term and long-term planning. The short-term planning discussions will include the collaborative and conflicting activities for the wastewater operations, farming operations, and remediation activities at the LLAS. The long-term planning discussions will include the wastewater development and water use planning and the beneficial use of the property. The long-range planning will also be used to develop a monitoring, remediation, and closure strategy for the LLAS. The site tours and strategic planning meeting(s) with the City of Lubbock will be performed in two days. Task 1.3 — Meetings with Regulators Terracon will assist the City of Lubbock with their discussions with the TCEQ. The LLAS is currently operated, monitored, and remediated pursuant to a 1989 Agreed Order with the Texas Water Commission (TWC, predecessor to TCEQ). The Agreed Order stipulates and/or requires, among other things,: ■ Operations and maintenance pursuant to TWC Permit No. 10353-02, ■ Implement irrigation practices to prevent ponding of irrigation water on the farm and construct tailwater control facilities to prevent the discharge of wastewater from the farm, ■ Continue proper equipment operations to determine application rates and maintain accurate records of the volume of effluent applied as irrigation water, ■ No discharge of wastewater effluent to unlined ponds (excluding tailwater control facilities), ■ Maintain 5 feet of freeboard in tailwater control facilities at all times, ■ Submit an interim plan to preclude further recharge of irrigation water to the aquifer to the TWC within 90 days, ■ Adhere to the groundwater remediation plan that was approved by the TWC on August 25, 1989, which includes monitoring of dissolved constituents in the groundwater, ■ Submit annual reports to the TWC that discusses the progress of the project for the duration of the groundwater remediation project, ■ Submit plan for a comprehensive industrial monitoring program that includes a revised industrial waste ordinance to the TWC within 90 days, ■ Submit semi-annual reports of the industrial monitoring program to the TWC, which includes the impact of the program to the Southeast Water Reclamation Plant (SEWRP; formerly South East Wastewater Treatment Plant), Terracon understands that the City of Lubbock submitted a TPDES Discharge Permit amendment/renewal in August 2008 for the wastewater treatment facilities. Terracon will assist the City of Lubbock in determining whether it will be more advantageous to seek permission from the TCEQ to remediate the LLAS under the operating permits and to bring the Agreed Order to a closure or to continue the remediation process under the Agreed Order. Terracon will assist the City and their attorneys with identifying regulatory programs and pitfalls of potentially ceding their grandfathered status, and assist the City with the regulatory interactions with the TCEQ. This proposal includes time for senior project officers to meet with the City of Lubbock Page 12 of 18 and their attorneys by phone and to accompany the City of Lubbock at a meeting with the TCEQ in Austin. Task 1.4 —Revised Remediation Work Plan Arcadis G&M prepared a Revised Remediation Work Plan for the LLAS in November 2002. The work plan references the Groundwater Level Quality Assurance Plan, the Groundwater Sample Collection Quality Assurance Plan, the Development of a Groundwater Flow and Solute Transport Model, the nutrient management water balance model, the potential pilot testing of in - situ nitrate remediation technologies, and operational aspects of the groundwater pumping system. Terracon will prepare an updated Revised Remediation Work Plan that: ■ States remediation objectives; ■ Updates and revises the groundwater sampling plan; ■ Describes an aquifer testing plan to be potentially performed in conjunction with the static water level recovery measurements described in the Groundwater Level Quality Assurance Plan; ■ Provides a work plan for the investigation of deep-seated nitrogen and nitrate attenuation parameters in soils and groundwater; and ■ Provides a plan to revise the groundwater model. Ideally, the work plan will be revised following discussions with the TCEQ relating to identifying the appropriate regulatory program for the LLAS. This work plan will be descriptive in nature, and the remediation objectives and investigative results will provide a basis for the subsequent development of a remediation plan for the LLAS. Terracon anticipates that the Revised Remediation Work Plan will be submitted to the TCEQ along with the LLAS Annual Report in May 2009. Task 2 - HLAS Terracon shall complete two main project tasks related to compliance with the City of Lubbock's TPDES permit No. 10353-002 related to the HLAS. The two project tasks and associated work scope are summarized below. Task 2.1- HLAS Data Manazement This task will involve database file management including database updates, preparation of supporting graphs, and review of data provided by the City of Lubbock during the fiscal year. The City of Lubbock will collect onsite groundwater samples, gauge monitor wells, and procure laboratory services. The city -contracted laboratory will be NELAC accredited. Sampling data will not be reviewed and reported pursuant to TRRP-13 (Review and Reporting of COC Concentration Data). Thus, Page 13 of 18 Terracon has not included a usability review of the data or the preparation of a Data Usability Summary (DUS) in this proposal. It is anticipated that the following data will be collected, compiled, and included in the databases during the fiscal year: • Quarterly nitrate data from southern onsite monitor wells (MW-1A, MW-2A, MW-34, MW-35, and MW-36); • Semi-annual nitrate data from 36 onsite wells; • Annual static water level data from 36 onsite wells; • Annual groundwater quality data from 36 onsite wells; and • Annual groundwater quality field sampling data (i.e., pH, conductivity, temperature) from 36 onsite wells. Terracon will integrate laboratory and field collected data into existing databases. Terracon will review the data for trends and spatial distribution. Throughout the year, as data is compiled and reviewed, Terracon will evaluate the data and communicate any findings with the City of Lubbock staff and attorneys. Task 2.2 - HLAS Annual Report This task involves preparation of the HLAS annual report. The HLAS annual report will summarize the project history and monitoring activities, and will include tabular sampling and gauging results and maps of nitrate iso-concentrations and potentiometric contours. Terracon will prepare a draft report that will be submitted to the City of Lubbock and attorneys for review and comments. Terracon will work with the City of Lubbock and attorneys to address any comments and will prepare a final report. The report will be sealed by a licensed professional geoscientist or licensed professional engineer. The report is due to the TCEQ by the end of May each year. Task 3 - LLAS Terracon shall initially complete two main project tasks related to compliance with the City of Lubbock's TPDES Permit No. 10353-002 related to the LLAS. The two project tasks and associated work scope are summarized below. Task 3.1- LLAS Data Management This task will involve database file management including database updates, preparation of supporting graphs, and review of data provided by the City of Lubbock during the fiscal year. The City of Lubbock will collect onsite groundwater samples, gauge monitor wells, and procure laboratory services. The city -contracted laboratory will be NELAC accredited. Sampling data will not be reviewed and reported pursuant to TRRP-13. Thus, Terracon has not included a usability review of the data or the preparation of a DUS in this proposal. Page 14 of 18 It is anticipated that the following data will be collected, compiled, and included in the databases during the fiscal year: • Monthly groundwater production data for approximately 43 recovery wells; • Semi-annual nitrate data from approximately 150 site wells; • Annual static water level data from approximately 150 site wells; • Annual groundwater quality data from approximately 150 site wells; • Annual groundwater quality field sampling data (i.e., pH, conductivity, and temperature) from approximately 150 site wells; and • Quarterly lake nitrate data. Terracon will integrate laboratory and field collected data into existing databases. Terracon will review the data for trends and spatial distribution. Throughout the year, as data is compiled and reviewed, Terracon will evaluate the data and communicate any findings with the City of Lubbock staff and attorneys. Task 3.2 - LLAS Annual Report This task generally involves preparation of the LLAS annual report. The LLAS annual report will summarize the project history and monitoring and remediation activities, and will include tabular sampling and gauging results and maps of nitrate iso-concentrations and potentiometric contours. The May 2009 LLAS annual report will not include groundwater modeling revisions and projections. Terracon will prepare a draft report that will be submitted to the City of Lubbock and attorneys for review and comments. Terracon will work with the City of Lubbock and attorneys to address any comments and will prepare a final report. The report will be sealed by a licensed professional geoscientist or licensed professional engineer. The report is due to the TCEQ by the end of May each year. Task 4 - Project Management / Communications During the course of the project, there will be times when Terracon will need to communicate with the City of Lubbock staff, attorneys, the TCEQ, and with Agri -Waste Technologies (AWT) regarding routine matters or to address questions that arise from operations and management of the HLAS and LLAS. Initial meetings with City of Lubbock staff and the TCEQ in Austin are addressed in Tasks 1.2 and 1.3. Additionally in Task 4, Terracon anticipates an additional meeting with City of Lubbock staff and one meeting with the TCEQ Lubbock Region Office staff during the first year of the contract. Project Summary Budget Terracon will perform this project on a time and materials basis using the attached 2008 Fee Schedule. This proposal includes both one-time and routine activities. This proposal includes the annual costs to perform routine tasks once. The project summary budget for Terracon to perform work defined related to the above HLAS and LLAS tasks is as follows: Page 15 of 18 ESTIMATED FEES FOR PROFESSIONAL SERVICES Task 1— Project Review and Strategic Planning Task 1.1 — Document Review $19,791 Task 1.2 — Site Visit and Strategic Planning Meeting $11,356 Task 1.3 — Meetings with Regulators $5,940 Task 1.4 — Revised Remediation Work Plan $15,870 Task 2 — HLAS (annual budget) Task 2.1 — HLAS Data Management $8,600 Task 2.2 — HLAS Annual Report $20,200 Task 3 — LLAS (annual budget) Task 3.1 — LLAS Data Management $9,600 Task 3.2 — LLAS Annual Report $27,340 Task 4 — Project Management (annual budget) $17,440 Total Project Fee (first 12 month period of contract) $136,137 Page 16 of 18 Resolution No. 2008-RO453 Irerracon ENVIRONMENTAL CONSULTING SERVICES FEE SCHEDULE HOURLY FEES FOR PERSONNEL Environmental Professional includes Environmental Engineer, Environmental Scientist, Geologist and Hydrogeologist ExpertWitness............................................................................................................ $175.00 Senior Principal / Program Manager.......................................................................... $160.00 Principal...................................................................................................................... $135.00 GroupManager........................................................................................................... $125.00 Senior Environmental Engineer.................................................................................. $125.00 Senior Project Manager.............................................................................................. $110.00 ProjectManager.......................................................................................................... $100.00 Environmental Professional V.................................................................................... $100.00 Environmental Professional IV..................................................................................... $95.00 Environmental Professional III..................................................................................... $85.00 Environmental Professional 1I...................................................................................... $75.00 Environmental Professional I....................................................................................... $65.00 Environmental Technician II........................................................................................ $65.00 Environmental Technician I......................................................................................... $60.00 Administrative Assistant............................................................................................... $55.00 Draftsperson/CAD Operator......................................................................................... $55.00 WordProcessor............................................................................................................ $50.00 Clerical......................................................................................................................... $45.00 TRAVEL EXPENSES Reimbursable Expenses are charged at cost plus 10%. Vehicle Charge (local), Per day........................................................................ ........ $60.00 Mileage (per mile).............................................................................. . $0.58 ........................... PerDiem..................................................................................................................... $125.00 Document Delivery/Overnight (per standard package) ................................................ $20.00 FIELD EXPENSES Development Pump (per day)....................................................................................... $40.00 Disposable Bailer (each)............................................................................................... $20.00 GEM 2000 Gas Analyzer & Extraction Monitor (per day) ........................................ $200.00 HandAuger (per day)................................................................................................... $25.00 Handheld GPS Instrumentation (per day)..................................................................... $45.00 High Flow Air Pump (per day)..................................................................................... $50.00 IAQ Instrumentation (QTRAK, Moisture Meter) (per day) ......................................... $50.00 Interface Probe (per day).............................................................................................. $85.00 Low Flow Air Pump (Per day)...................................................................................... $35.00 Low Flow Sampling Cell (includes YSI/Horiba & flow cell) .................................... $150.00 Low Flow Bladder Pump (Per day)............................................................................ $100.00 Peristaltic Pump (per day)............................................................................................ $50.00 pH/Conductivity/Temperature Meter (per day)............................................................ $50.00 PID Meter (per day).................................................................................................... $110.00 SampleKit (per boring)................................................................................................ $35.00 SampleKit (per well)......................................................................................... .. $50.00 Submersible Purge Pump (Per day)............................................................................ $175.00 Trimble Pro XRS Pathfinder Backpack GPS (per day) .............................................. $165.00 Water Level Indicator (per day)................................................................................... $35.00 ................................ XRF Meter (per day)................................................................ .. $350.00 Page 17 of 18 SUBCONTRACTS AND THIRD PARTY CONTRACTS Normal subcontract functions shall be executed through the City of Lubbock (e.g., analytical testing laboratories, drillers, services provided by Texas Tech University). Upon City's approval, minor subcontracts may be executed through Terracon at cost plus 10%. rc: ProfessionalSmicesAgreement.TERRACON. AS Page 18 of 18 Resolution No. 2008-RO453 leis certificate is executed by Liberty Mutual Insurance Group as respects such insurance as is afforded by those companies. BM0068 Certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate is not an insurance policy and does not affirmatively or negatively amend, extend, or alter the coverage afforded by the policies listed below. Policy limits ate no less than those listed, although policies may include additional sublimity not listed below. Policy limits may be reduced by claims or other payments. This is to certify that (Name and address of Insured) This voids and supercedes the certificate issued on 11/12l2008. Terracon Consultants, Inc. 8901 Carpenter Freeway, Suite 100 Dallas, TX 75247 4 at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed poficy(ies) is subject I is not altered by any requirement, term or Ex iration Type Continuous' Extended X Policy Tenn Workers Compensation General Liability Claims Made Occurrence Retro Date Automobile Liability X Owned X Non -Owned X Hired 07/01/2008/01/01/2009 1 WA2-14D-425411-048 07/0112008/01/01/2009 1 WC2-141425411-068 07/01/2008 / 01/01/2009 1 AS2-141-425411-078 all their terms, exclusions and conditions and Limits of Liability Coverage afforded under WC law of Employer's Liability the following states: Bodily Injury By Accident AK, AR AZ, CA, CO, CT, FL, GA, IA, ID, $1,000,000 Each Accident IL, IN, KS, KY, LA. ME, MN, MO, MT, NC, Bodily Injury By Disease NE, NH, NM, NV, NY, OK, OR, SC, TN, $1,000,000 Policy Limit TX, UT, WI, WV Bodily Injury By Disease $1,000,000 Each Person General Aggregate -Other than Prod/Completed Operations Products/Completed Operations Aggregate Bodily Injury and Property Damage Liability Per Occurrence Personal and Advertising Injury Per Person I Other Liability Other Liability Each Accident - Single Limit - B. 1. and P. D. Combined $1,000,000 Each Person Each Accident or Occurrence Each Accident or Occurrence C Project: Lubbock/Hancock Land Application Site; Project No. 94087709: City of Lubbock is additional insured as respects automobile liability where required by a written O contract. Waiver ofsubrogation applies to workers compensation and auto liability where allowed by state law, where required by written M contract. M E N T I MPUKI"ANT If the certificate holder is an ADDITIUNAL INSUKEU, the policy(tes) must be endorsed. A statement on this certificate does not confer rights to the cenificate holder in lieu of such endorsemenl(s). If SUBROGATION IS WAIVED, subject to the forms and conditions of the policy, certain policies may require an endorsement. A statement on this cenifneate does not confer rights to the certificate folder in lieu of such endorsements. The following applies only with respect to insurance for motor carriers registered in Florida: As provided for in Fla. Stott. 1 320.02(5)(e), the listed insurance policy may not be cancelled on kits than 30 days written notice by the insurer to the Department of Hwy Safety R Motor Vehkks, such 30 days notice to commence from date notice is received by the Department. Notice of cancellation: (not applicable unless a number of days is entered below) . Notice of Cancellation does not apply when policy(ies) arc canceled due to non-payment of premium. Before the stated expiration date the company will not cancel or reduce the insurance alTwded under the above policies until at least Jill days notice of such cancellation has been mailed to the below listed Ccnificate Holder. Office: OVERLAND PARK, KS Phone: 913-6814700 Certificate Holder, Deanna Torres City of Lubbock 1625 13th Street, Room 204 Lubbock, TX 79457 CHRISTINA GRAVELY Date issued: 11/18/2008 Prepared By: PR NOV. 17.2008 1:31PM TERRACON CONSULTANTS NO.093 PT 3 THE POLICIES Of MISURANCE LISTED BELOW HAVE ®EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWNTHSTgpIpINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ..H RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE IYSURANCEAFFORDID BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCM POLICIES. AGGREGATE UMrM SIi "MAY HAVE SEEN REDUCED BY PAID CpLAAIIMyS. VitEjWTYPE U POLICY WJM WR m uMns 61IM&ALLUUMUTY Coo ml istotgm1 A X COMIERCIIAL6&N9RALLmurY moP37I9274 7/1/2007 1/1/2009 wows MADe X� O=IR O a l00,000 M8o aw a,o Pwoe s S 000 CONVTR'L-UABILM PEIWONAL&AWINJU I I000,000 05NERALAGGRHOATE , 2,000,000 GEWLAGGREOATELIMITAPPIJESPM' PROD"-COMPIOPAOG s I,000000 POLICY X Loc AUTOMOKA L IAINIM NY AAMO NOT APPLICABLE COMOIN INOLE LINK s xxxmm BODILY INJURY (PvPW—) S XXX) = ALL OVAIED AUTOS SCHEOULEDAUroS BO L p Y , 700 CX HIREDAUTCS 11MOWNEDAVTOS CPT:rw r 0 s xxxx OOC GARA6B UA9LJTY AUTO ONLY - EA ACCIOENT S XXj(XX)O( ANY AUro NOT APPLICABLB OT>�R HAACC i X)oQo= i AUTO ONLY; AGG MLRCE9SIUMIeREd4kLIABILITY OCCUR OWNS MADE NOT APPLICABLE EACH OCCURRENCE S ) XX7 AGGREGATE S xxxxxxx 5 rl i RS DEDUC+TI91.0 FO 9 ReTeNTM L 500MAED Ww NOT APPLICABLE 4 O R ELLEAOHACCIDENT i XX7IXXXX _' unauTY ANYPROPRIVOW�RTNFRIE)6±CUTNe E.L.DISEASI-QAEMPLOY S XXX)O= IOfFFyFIiiCBII►1EMLIRd18ri70WDl* SpEdAL pROyw61Sl N6 ye►ay EL 013049E - POLICY UM7 S XXXXiOQC OTHI9l 0aCRPTKM0FCPERATlOWi1LOCATi0 3-(VE91111CL[:/SXCW510N0ADDWBYEN00 WNWMENT 13PECIALPROVLtkm Rlz P1t03$a N 940877a9, LUSBOCYALM)COCK LAND APPLICATION SITE. CITY OF LU)3130CK IS AN ADDITIONAL MUM AS RESPEC I GIOMAL LIABILITY, AS MUMM BY WRITISN CONTRACT. MOM CITY OP LLIBB= ATTN: DZKNNA TORRES 1625 6TH STREET RW?4204 LUBROM TX 79157 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 86 CANCWM BMFOR[ SRe 4I imnoN DAie THEREOF, TA MUM INSURUR V01I L ENDEAVOR TO MAIL 30 DAY3 wRrrm NOTICE TO 7HE CUR IN"TE HOLDER NAMED TO THE LEFT, BUT FAL.URE TO 00 30 SHALL IMPOSE 90 ORLIGATIOR OR L 142WIFY OF ANY FOND UPON THE INSURER, ITS AGENTS OR ACORD 26(2001/08) 1`6•w od OrdmilaeA wn""uw _.NOU.11.2008 1:31PM TERRACON CONSULTANTS NO.093 P. 4 ACORP. CERTIFICATE OF LIABILITY INSURANCE ,,,�, T>: uahuo�uYYrYI oA,,,,,,��5 I'R0° Lodom Compa w, LLCM Kanm City 444 W. 476 Sprees, Suits 900 Fiutisat City MO 64t IZr1906 (816) 960.9000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXT&ND OR ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC f °f TERRACON CONS'QLTANTS, INC. 1054125 9901 CARPENTER FREEWAY, SM 100 DALLAS TX 75247 WSURBR A. LEXrS=14 DMOWCE CO.A_+XV INSLPM q IxsuRElt a INSURER M tWURER It nn%l QAtz 'T>li rml THE POLICIES OF INSURANCE LISTED BdLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOtCATEWNOT 0M'H6TA 4OtNG ANY REOUIREMENI; TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 1MITH RHSAIiCT TO WHICH THIS CurnFICATE MAY BE ISSUED OR MAY PIBtTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH POLICIES, AGGREGATE UINUrS SHOWN MAY HAVE SOM REDUCED BY PAID CLAIMS, IN POUCYNUUNR P p DA8 uAETS =NEML LtANKM wmmiRmL GENERAL uA81uTY CLAIMS MADE 13 OCCUR c,&,%AO6REQATE UmrrAPPLSs PER: POLICY X ja f7 IOC NOT APPLICABLE R xxxxxxx E S MED EXP ar WmM s xxxxxxx s ?X3 xxxxx PERSONAL.SAMIWURY 8 XXXX)= O9KFtAL AG%9%ATE $ xxxx 0CX PRODUCTS - COW/011 A00 s )0000 CX a{/inlNOtnLEI.IA�.f7Y ANY AUTO ALL CMNEO AUTOS SCW.MLED AL,� KFADAUTOS NON•CMEDAUTOS NOT APPLICABLE W INGLE WIRs ��N XJOOOKxx ( °"ry s XXXXXXX pooaY uRY ifw S iciQO�ic PROPEFM ayAMA � IPPW i xx IXX}LX GARAGE LIABL11Y ANYAUTO NOT APPLICABLE AUTO ONLY - EA ACCIDENT s xxxxx x EAACO `^"" AGO s 3000(}p{,}X s 1CCESSAIINBR�L! OCCUR cwin MADE UMBRELLA DEDUCTIBLE ❑ FORM NOT APPLICABLE EACH OrMMENCE i }U AGGREGATE t s ) X s sxxxxxxx WORKWO 00WROATION AND 'O � LZA�ITY ANY PROPRIETOWP�IlTNm!/DOECUTiVE OFF1CFJfMfA�ltE>�lilDFLT sPE01 PROS below NOT APPLICABLE I I A __UM o I. L tsACN ACCI OEM s )XXXX)= ILL OMEAM-[JIEMPLOY s XXX00= E.L. rAWASs -POLICY LDMT s XX)00= A PROMSIONAL L LILBM TY 1474993 1/112001 l/1/2009 S1,000,000 SACK C[ A1M A $1,000,000 ANNUAL AGGREGATE 095CRIPiWn OF OF&ATI Nf rLOCAlfOrr��s rVD11CLES/ P�Od LIMIT ADM BY ENDORSBM6Tr sPRCWL PRIMS10Ns RE. PROJECT # 96087709, LCI1380C =!! COCIL LAND APPLICATION SITE. 39mal SHOULD ANY OF THS ABOVE O85CAM MUCIBS 08 CAMCQJM IMM THE U IRATIUN CTfY OF LuB80CY, PATS VMWP, IM ISSUNO MURM WLL t;#muwoR TO MAIL 30 DAYS WRrTTEN AT1N: DEANNA TORRES N=C2 TO THE CER1Tf"TE HOLDER WOO TO TIG LET, BUT FAK.UR! TO DC SO SHALL 1625 13TH STREET IMPOSE NO OBLIGATION OR UAORM OF ANY IOND UPON THE YWP^ 1'23 AGOM OR ROOM 204 REPRESENTATIVES. LUBBOCK TX 79457 AusH 000, CORD 2S (2001[08) F—rd"s I a+"°°nalo°►nm"w"vti umbw'•�.""a°CORPORATION 1988