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HomeMy WebLinkAboutResolution - 2014-R0098 - Agreement - Enprotec/Hibbs And Todd Inc.- Environmental Services - 03/13/2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement to provide environmental assessment, monitoring, remediation design, equipment installation, operations of remediation equipment, cleanup, and closure services for soil, groundwater, and air pathways that have been contaminated with pollutants, by and between the City of Lubbock and Enprotec ' Hibbs and Todd, Inc., and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this ATTEST: Rebe ca Garza, City Secret 13th day of March , 2014. GLEN .XdWtSON, MAYOR APPROVED AS TO CONTENT: r R. Keith Smith, P.E., Director of Public Works Aubrey A. S*ar, P.E., Director of Water Resources APPROVED AS TO FORM: �Iu Laura att, Assistant City Attorney Resolution - Enprotec Hibbs and Todd FTA Site Closure PSA 2.13.14 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 13th day of March , 2014, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Enprotec / Hibbs & Todd, Inc. (eHT) (the "Engineer"), a Texas corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in the assessment, monitoring, remediation design, equipment installation, operations of remediation equipment, cleanup, and closure of soil, groundwater, and air pathways that have been contaminated with pollutants and is qualified to perform such activities (the "Activities"); WHEREAS, Engineer has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for the price provided herein, said price stipulated by City and Engineer to be a fair and reasonable price; WHEREAS, the City desires to contract with Engineer to perform services related to the Activities and Engineer desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Engineer agree as follows: ARTICLE 1 Services 1.01 Engineer shall conduct all activities and within such time frames, as set forth on Attachment "A", "Scope of Services", attached hereto (the "Services") 1 ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article 1 shall be paid for on a time and materials basis as provided in Attachment "A", attached hereto, not to exceed the sum of $60,200. This amount shall be invoiced to the City on a monthly basis, as work is performed. 2.02 This Agreement shall expire on September 30, 2015. 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. 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 2 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 4.01 a. City's Defaults/Engineer's Remedies. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by Engineer to perform hereunder, Engineer may, if said default shall be continuing after five (5) days notice of such default is deemed received by the City, exercise any right or remedy available to it by law, contract, equity or otherwise. b. Engineer's Defaults/City's Remedies. In the event Engineer shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five (5) days notice of such default is deemed received by Engineer, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. 3 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 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. 4 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 breech hereof and all work under the Agreement shall be discontinued immediately. Engineer shall indemnify and hold City and City's elected officials, officers, agents, employees, and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities, and expenses, and including reasonable attorney'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. 5 ARTICLE VI Miscellaneous 6.01 Engineer shall comply with applicable laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein. 6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For City: Aubrey Spear, P.E., Director of Water Resources P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3344 For Engineer: Fred Curnutt, P.E., Vice President Enprotec / Hibbs & Todd, Inc. 6310 Genoa, Suite E Lubbock, Texas 79424 Facsimile: (806) 794-0778 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 0 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 Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. 6.07 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 6.08 This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et sea., as amended (the "Texas Public Information Act") the same shall be of no force and effect. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the 7 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. 6.09 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. 6.10 Engineer may not assign or subcontract any part of the Services under this Agreement, in whole or in part, without the written consent of such assignment or subcontract by the City. Engineer may, subject to the right of approval by the City, subcontract certain of the Services to highly qualified professionals. The right of approval of the City of Engineer's subcontractors is hereby delegated by the City Council of City to the Director of Water Resources. The approval by the City of the subcontract requested by Engineer shall not affect the liability of Engineer hereunder to City for the timely performance of the Services as prescribed in this Agreement. The term "Engineer", as used in and for all purposes of this Agreement, includes Engineer's subcontractors and subconsultants. City and Engineer each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 6.11 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. 6.12 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. 6.13 The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court 8 of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. 6.14 THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE PARTIES RETAIN ALL GOVERNMENTAL IMMUNITIES. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. 9 ATTEST: Reb ca Garza, City Secretar APPROVED AS TO R. Keith Smith, P.E., Director of Public Works A. Year, P.E., Dikctor of Water Resources APPROVED AS TO FORM: Laur ratt, Assistant City Attorney 10 ENGIN1.4-1 EER eo_�� FRED CURNUTT, VICE PRESIDENT ENPROTEC, HIBBS & TODD, INC. Attachment A Environmental Engineering Services Fire Training Academy (FTA) Site 102 Municipal Drive, Lubbock, Texas The scope of this project includes contamination remediation, assessment, coordination and closure of the Former Fire Training Academy Site located at 102 Municipal Drive in Lubbock, Texas. In 1996, the Texas Natural Resource Conservation Commission (TNRCC) met with the City of Lubbock (COL) and their environmental consultant to discuss actions necessary to assess and remediate the contamination at the FTA. The TCEQ (formerly TNRCC) has directed the COL in the actions necessary to assess and remediate the FTA site. In 2001, the FTA site was referred to the TCEQ's Texas Risk Reduction Program (TRRP) for cleanup. Numerous monitoring wells have been drilled and samples (soil and groundwater) have been collected and analyzed as a result of the directives given by the TCEQ. During the City of Lubbock's Fiscal Year 2012-2013, the following activities were completed related to this project: • Gauged MW -10 periodically for measuring and determining stability of residual NAPL. • Recovered residual NAPL from MW -10 via hand bailing and adsorbent socks. • Submitted APAR (Assessment Report) revisions in October 2012. • Revised APAR was approved by TCEQ February 2013. • Drilled confirmation bore holes and collected soil samples at 10 locations in areas of prior contamination during September 2013. • Plugged and abandoned all monitor wells at the site during September 2013 in preparation for site closure. Goal of Proposed Activities Provide closure (no further action) at the Former Fire Training Academy site with respect to the remediation and/or assessment of regulated chemicals of concern (COC). Scope of Work Task 1: Site Closure Prepare and submit information in the form of an APAR Addendum or any other form as deemed necessary by the TCEQ recommending closure without electing Self Implement Remedy Standard A or submitting a Response Action Plan based on the soil sampling results obtained last year. If TCEQ approves this recommendation, the closure paper work will be prepared and submitted to close the site. The City personnel will be coordinated with throughout the communication process. If TCEQ does not approve the recommendation, Self -Implement Remedy Standard A of the site will be proposed and Task 2 will be implemented to expedite closure of the FTA site. A-1 Task 2: Soil Remediation Prepare and coordinate bid process for site remediation. Prepare and submit a Self Implementation Notice (SIN) at least 10 days prior to response action implementation. Remove and dispose contaminated soil (approximately 91 cubic yards) at the former Truck Pit and the former Catch Basin Pit areas along with removal and disposal of concrete (approximately 21 cubic yards) from the Truck Pit area to the extent necessary to meet TCEQ requirements to bring the site to closure. Haul clean soil to site and fill in areas where soil was removed to return soil level to original grade as required bringing the site to closure. The waste will be placed in appropriate containers for storage and disposal. Disposal options will be determined based on analytical results of samples retrieved from the stored waste. Sample the soil (approximately 10 samples from the soil stock pile and 10 samples from the excavation area) to ensure that all the soil with contaminants above required levels have been removed. Coordinate all site activities and reporting with the City and TCEQ. Prepare and submit a Response Action Completion Report (RACR) to the TCEQ. Reporting of Activities Reporting of the proposed assessment activities will consist of a monthly status update. Project Schedule Upon approval by the City, eHT will schedule a meeting with City personnel to determine a schedule to accomplish the scope of work. Any required laboratory analyses of soil samples should be completed within approximately 10 working days after sample receipt by the laboratory, if needed. Project Cost The fees for the project are presented in the cost summary below and are based upon estimates concerning time, sampling frequency, and subcontractor services. Should the scope of services change, a contract amendment for the additional services and the associated fees will be submitted for approval by the City. Former Fire Training Academy Budget Summary Task 1: Site Closure $13,000.00 Task 1.1 TCEQ/City site Closure Task 1.2 Closure Management Task 2: Soil Remediation $47,200.00 Task 2.1 Site Cleanup Task 2.2 Project Management Task 2.3 Sample Analysis Total Not to Exceed Fee A-2 $60,200.00 Cost of Professional Services Refer to the FEE SCHEDULE associated with these services, see ATTACHMENT A-1 next page. Trace Analysis rates (2014) attached on ATTACHMENT A-1. A breakdown of the cost for professional services is attached as ATTACHMENT A-2. A-3 ATTACHMENT A-1 Enprotec / Hibbs & Todd, Inc. CURRENT HOURLY CHARGES FOR PROFESSIONAL SERVICES Charges include all salaries, salary expense, overhead, and profit. Principal.............................................................................................................................. $180.00 per hour SeniorProject Manager.......................................................................................................... 150.00 per hour Senior Engineer / Geologist / Project Manager..................................................................... 135.00 per hour Project Engineer / Geologist.................................................................................................. 120.00 per hour Senior Engineering Technician............................................................................................. 115.00 per hour Staff Engineer/ Geologist...................................................................................................... 105.00 per hour RPLSI 125.00 per hour ................................................................................................................................... RPLSII................................................................................................................................... 90.00 per hour Operations Specialist / Regulatory Compliance Specialist ................................................... 110.00 per hour Engineering Technician I......................................................................................................... 95.00 per hour EngineeringTechnician II........................................................................................................ 80.00 per hour Engineering Technician III....................................................................................................... 70.00 per hour CMTTech I.............................................................................................................................. 50.00 per hour CMTTech II............................................................................................................................ 45.00 per hour EnvironmentalTech I............................................................................................................... 85.00 per hour EnvironmentalTech II.............................................................................................................. 70.00 per hour SurveyTech I........................................................................................................................... 60.00 per hour SurveyTech II......................................................................................................................... 45.00 per hour CADI..............................................................................................................................................................85.00 per hour CADII.............................................................................................................................................75.00 per hour Secretarial............................................................................................................................... 50.00 per hour Travel................................................................................................................................... Current IRS rate per mile TraceAnalysis, Inc Enprotec - FFTA of Lubbock Pricing FY2014 SVOCS (GUMS) $320 VOC (GUMS) 230 BTEX/MTBE (8021) 60 TPH (TX 1005) 60 Lead(6010) 34 PAH (8270) 230 Metals (6010) * Pesticides (808 1) 134 93 PCBs (808 1) 132 A-4 ATTACHMENT A-2 COST PROPOSAL FOR ENGINEERING SERVICES Project Description: Fire Training Academy Site Rev Project Numbers: 3050 owner. City of Lubbock Engineer. Fred Cumutt o©�©o©o©o©moo®o®©o©o© EENNEE.l©<l K 1 ©�■�o «. �E]";:TI �CKIEHI >�0K!JUU 717E E s;k�ra MOEi �7E�wlt jjFOEMENMON :f'MM �E�E E )E EI�]F s E E 1E lA 7ETE�t:E low, ]E E E �E» t E�M:]E t]jE ]E�t9E�t]Ej��jE�t7Ei E� ]E ]E 7E t7# It7E 3E ]E �]E ]E '#E7 EliE E 0:jE r��r��������������������r� jjjjjjj[]jFjjjjjjjlj�Ej fC�E :E Ems€ s7�iE �itlE tlfCl�]E �:'E ]�E �WNUEMI NMI Total Hours: 179 Cost per Hour. 3102 Total Raimburslble Cost: 5 - Total Consonant cost s nc,uw Direct Cost $ 10,200 A-7 FTA FY 2014