HomeMy WebLinkAboutResolution - 2013-R0004 - Agreement - Parkhill, Smith, & Cooper Inc.- Bio-Solids Management Facility - 01/10/2013Resolution N0. 2013-R0004
January 10, 2013
Item No. 5.6
RESOLUTION
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 for
permitting, design and construction of a Bio -Solids Management Facility, by and between
the City of Lubbock and Parkhill, Smith & Cooper, 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 on January 10, 2013
G C. ERTSON, MAYOR
ATTEST:
L "- - , , -S <
Rebe ca Garza, City Secret t-�
APPROVED AS TO CONTENT:
�4"l
Marsha Reed, P.E., Chief Operating Offi er
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs.RES.Agrmt-Parkhill, Smith & Cooper
December 10, 2012
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") for Bio -Solids Facility
(Contract /Ois entered into this 1,0n4- day of JT4N0A s2. y , 2013, by and
between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and
Parkhill Smith & Cooper, Inc. (the "Engineer"), a Texas Corporation.
WITNESSETH
WHEREAS, Engineer has been selected to prepare a permit application to be
submitted and ultimately approved by the Texas Commission on Environmental Quality
(TCEQ) for a Bio -Solids Management Facility (the "Project"), for the City. On approval
of the permit application and all supporting documents by TCEQ, engineering plans and
specifications will also be prepared by the Engineer for construction of the Project, more
specifically described as follows:
City intends to permit, design and construct at a site to be determined with this
contract, a new facility for managing bio -solids produced by Lubbock's Water
Reclamation Plant. The Project will include all permitting, engineering plans and
construction phase services necessary for an operable facility to dispose of bio -solids in
accordance with TCEQ requirements. Engineer will perform all engineering required in
order for the City to obtain a TCEQ permit and then prepare all engineering plans and
specifications necessary for bidding and construction by a third party selected by
competitive bidding process of the Project. Engineer is to provide site selection
assistance, permit preparation and submission as well as responding to TCEQ comments
to obtain technical approval of the permit. Engineer will also assist City in soliciting and
selection of potential operators for any composting operation that may be authorized by
the permit.
Public Hearings that may be required will be determined at a later date and an
amendment to this contract will be prepared as necessary. Additionally, engineering
plans and specifications fee scope will also be determined after the actual permit has been
technically approved by TCEQ. An amendment will be made following TCEQ permit
approval to this contract for Engineer to prepare these documents. Exhibit A of this
contract includes the scope for site selection and permit preparation as authorized by the
City.
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 Project 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
Exhibit "A", "Scope of Services — attached hereto (the "Services").
1.02 Engineer's Personnel at the Project Site: The presence or duties of the Engineer's
personnel at the Project site, whether as on-site representatives or otherwise, do
not make the Engineer or its personnel in any way responsible for those duties
that belong to City and/or to other contractors, subcontractors, or other entities,
and do not relieve the other contractors, subcontractors, or other entities of their
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obligations, duties, and responsibilities, including, but not limited to, all methods,
means, techniques, sequences, and procedures necessary for coordinating and
completing all portions of the work of those parties in accordance with their
contract requirements and any health or safety precautions required by such work.
The Engineer and its personnel have no authority to exercise any control over any
contractor, subcontractor, or other entity or their employees in connection with
their work or any health or safety precautions and have no duty for inspecting,
noting, observing, correcting, or reporting on health or safety deficiencies of any
contractor, subcontractor, or other entity or any other persons at the Project site
except Engineer's own personnel. Conditions which may appear unsafe to the
Engineer will be reported to the Contractor and the City.
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 a not to exceed amount of $265,862 as provided in
Exhibit `B". Billing rates for time and materials portions are provided in
Exhibit `B," attached hereto. The materials and labor amounts shall be invoiced
to the City monthly for work performed.
2.02 This Agreement shall expire three hundred sixty five (365) calendar days
following Notice to Proceed. Time shall be temporarily suspended during City
and TCEQ review periods as appropriate. Additionally, the City may terminate
this Agreement by providing written notice to Engineer at least thirty (30) days
prior to the effective date of termination as provided in such notice.
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2.03 The Engineer's compensation is based on timely authorization to proceed and
timely completion of the Project. If the Project timing deviates from the assumed
schedule for causes beyond the Engineer's control, the Engineer may request
renegotiation of those portions of the compensation affected by the time change.
2.04 If the Engineer determines that additional time is required to complete the
Services, the City Manager, or her designee, may execute an agreement to grant
up to an additional six (6) months of time so long as the amount of the
consideration does not increase. An amendment to this agreement resulting in
any increase in the amount of the consideration must be approved by the City
acting through its governing body.
ARTICLE III
Independent Contractor
3.01 It is understood and agreed that Engineer is to perform the Services in a sound
and professional manner and exercising the degree of care, skill and diligence in
the performance of the Services as is exercised by a professional engineer under
similar circumstances and Engineer hereby represents to the City that the Services
shall be so performed. Further, Engineer is and shall be considered at all times an
independent contractor under this Agreement and/or in its service, hereunder.
During the performance of the Services under this Agreement, Engineer and
Engineer's employees will not be considered, for any purpose, employees or
agents of the City within the meaning or the application of any federal, 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.
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4.01
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/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. 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 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 document, this provision shall
control.
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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, commercial general liability and automobile liability coverage
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. 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 on this Agreement, Professional Liability coverage, as
specified above for Engineer, protecting City against direct losses caused by the
professional negligence of the approved subcontractor.
0
The City shall be listed as additional insured with respect to the
Automobile Liability and Commercial General Liability on a primary and non
contributory basis to include product-comp/op and provide a waiver of
subrogation in favor of the City. 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. Any termination of workers' compensation insurance
coverage by Engineer or any cancellation or non -renewal of workers'
compensation insurance coverage for the Engineer shall be material breach of this
contract. The policy must be endorsed to include a waiver of subrogation in favor
of the City.
Employer's Liability with limits of at least $500,000 each accident,
$500,000 by disease policy limit, and $500,000 by disease each employee shall
also be obtained and maintained throughout the term of this Agreement.
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.
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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, as a result
of, related to, arising from, or related to Engineer's use or occupation of City
owned lands, and/or any matter related to Engineer's activities, performances,
operations or omissions under this Agreement to the extent of Engineer's
negligence of any kind or type. 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
perfonnance of the Services contemplated herein at the time services are
performed.
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.
-8-
For City:
John Turpin, P.E.
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-2051
For Engineer:
Robert H. Holder, P.E.
Parkhill Smith & Cooper, Inc.
422285 1h St.
Lubbock, TX 79423
Facsimile: (806) 473-3500
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.
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6.05 Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal — agent relationship between Engineer and the
City.
6.06 If any provision of this Agreement is declared invalid or unenforceable, such
provision shall be deemed modified to the extent necessary to render it valid and
enforceable so long as said modification is reasonably within the intent the parties
as originally expressed. In the event such provision may not be so modified, the
unenforceability or invalidity of any provision shall not affect any other provision
of this Agreement, and this Agreement shall continue in force and effect as if such
provision had not been included in this Agreement.
6.07 Any and all final 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 City will
assume sole liability for any reuse or modification of the Engineer's work
product. The Engineer may 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 Except as otherwise provided herein, neither City nor Engineer may assign or
subcontract any part of the Services under this Agreement, in whole or in part,
without the written consent of such assignment by the non -assigning party.
Engineer may, subject to the right of approval by the City, subcontract certain of
the Services to highly qualified professionals. The term "Engineer", as used in
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and for all purposes of this Agreement, includes Engineer's subcontractors and
subconsultants. City and Engineer each bind itself or himself, their legal
representatives and permitted assigns in respect to all provisions of this
Agreement.
6.10 Nothing in this Agreement shall be construed to provide any rights or benefits
whatsoever to any party other than City and Engineer.
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.
PARKHILL SMITH & COOPER, INC.
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Title: Principal — Director Public Works Sector
CITY OF LUBBOCK
Glen bertson, Mayor
ATTEST:
e cca Garza, City Secretary
APPROVED AS TO CONTENT:
f
arsha Reed, P.E., Chief Operations Officer
APPROVED AS TO FORM:
City Attorney
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ATTACHMENT A
SCOPE OF SERVICES (Revised 12/17/12)
Task I: Solids Study
The City of Lubbock will provide PSC with a solids study detailing the solids content
of sludge and analyzing transportation costs. The study will aide PSC in the design
of the biosolids composting facility and of the dedicated land disposal facility.
Task I - Proposed Fee: Not Applicable
Task II: Potential Site Evaluation (Three Sites)
PSC will evaluate three potential sites for the location restrictions listed below.
Recommendations and results of our research will be presented in a report with cost
analyses. The proposed fee for this task includes three meetings with City of
Lubbock staff. PSC will recommend one site for selection.
Subtask A: Location Restriction Evaluation
The location restrictions listed below will be evaluated for each of the
three potential sites.
1. Floodplain
The facility shall be located outside of the 100 -year floodplain unless
the applicant can demonstrate that the facility is design and will
operate to prevent washout during a 100 -year storm event, or obtains
a Conditional Letter of Map Amendment (CLOMA) from the Federal
Emergency Management Administration (FEMA) Administrator.
2. Drainage
The facility shall not significantly alter existing drainage patterns.
3. Wetlands
The facility shall not be located in wetlands.
4. Water Wells
The facility shall be located at least 500 -feet from all public water
wells and at least 150 -feet from private water wells.
5. Surface Water
The facility shall be located at least 100 -feet from creeks, rivers,
intermittent streams, lakes, bayous, bays, estuaries, or other surface
waters in the State.
6. Setback Distance
The setback distance from the facility boundary to the areas for
receiving, processing, or storing feedstock or final product shall be at
least 50 -feet.
Subtask A - Proposed Fee (Hourly, Not to Exceed): $6,848.00
Page 1
Subtask B: Additional Siting Factors
These additional siting factors are not restrictions on the location, but
will help to compare and contrast the three potential sites.
1. Adjacent Landowners
Locate all adjacent landowners within %-mile of each of the three
sites.
2. Depth to Groundwater
Determine the approximate depth to groundwater for each potential
site.
3. Soil Characteristics
Research site soil characteristics using publicly available soils data for
each site.
4. Prevailing Wind Direction
Determine the prevailing wind direction and any potential impacts
related to each potential site.
5. Proximity to SEWRP
Perform a cost analysis of each site based on the haul distance from
the SEWRP to each potential site.
6. Topography
Analyze the topography of each potential site.
Subtask B - Proposed Fee (Hourly, Not to Exceed): $7,376.00
Task II - Proposed Fee (Hourly, Not to Exceed): $14,224.00
Task III: Selected Site Data Collection
Once a final site is chosen by the City of Lubbock, PSC will obtain data that is
specific to that site. This information is integral to the permit process and will also aid
in the design of the overall facility.
Subtask A: Surveying Services (Sub Consultant)
Perform a topographic, improvement, and boundary survey of the site to
be permitted. Metes and bounds description and deed are to be filed
with the Lubbock County Clerk detailing the type of facility, permit
issuing agency, and owner contact information.
Subtask A - Proposed Fee (Hourly, Not to Exceed): $10,140.00
Page 2
Subtask B: Geotechnical Services (Sub Consultant)
Perform twenty-six borings to develop a three-dimensional picture of
hydraulic head; flow -net analysis to determine direction and speed of
groundwater flow; soils testing to determine typical soil characteristics of
each stratum from ground level to the water table.
Subtask B - Proposed Fee (Hourly, Not to Exceed): $77,600.00
Task III - Proposed Fee: (Hourly, Not to Exceed): $87,740.00
Task IV: Preparation of Request for Statement of Interest
PSC will prepare a request for statement of interest (SOI) for private operation of the
biosolids management facility. City of Lubbock staff will provide PSC with an SOI
template for use in preparing the SOI. Upon receipt of SOI responses, PSC will aid
City staff in reviewing and recommending an operator for the biosolids management
facility.
Subtask A: Request for Statement of Interest
Preparation, review, and recommendation of SOI.
Subtask A - Proposed Fee (Hourly, Not to Exceed): $10,914.00
Task IV - Proposed Fee (Hourly, Not to Exceed): $10,914.00
Task V: Site Visits
Subtask A: Site Visit — Austin, Texas - Biosolids Composting
A site visit will be made to the City of Austin's biosolids composting site.
Fee includes airfare, hotel, meals, and rental vehicle for three PSC staff
and three City of Lubbock staff for one day. Field observations will aid in
design and operation of the proposed biosolids composting facility.
Subtask A — Proposed Fee (Hourly, Not to Exceed): $3,424.00
Subtask A — Proposed Fee (Reimbursable): $3,188.00
Subtask B: Site Visit — Sacramento, California - Dedicated Land Disposal
A site visit will be made to the City of Sacramento, California's
dedicated land disposal site. Fee includes airfare, hotel, meals, and
rental vehicle for three PSC staff and three City of Lubbock Staff for
three days and two nights. Field observations will aid in design and
operation of the proposed DLD facility.
Subtask B — Proposed Fee (Hourly, Not to Exceed): $10,272.00
Subtask B — Proposed Fee (Reimbursable): $11,260.00
Task V - Proposed Fee (Hourly, Not to Exceed): $28,144.00
Page 3
Task VI: Permit Application Forms
PSC will prepare the application forms for the composting site and dedicated land
disposal site including the core data form. The proposed fee for this task includes
two meetings with City of Lubbock staff.
Subtask A: Prepare TCEQ Form 0653, Notice of Intent to Apply for a Compost
Facility Permit or Registration. Prepare TCEQ Core Data Form.
Subtask A - Proposed Fee (Hourly, Not to Exceed): $3,466.00
Subtask B: Prepare TCEQ Form 0744, Application for Permit to Process, Surface
Dispose, or Incinerate Sludge. Prepare TCEQ Core Data Form.
Subtask B - Proposed Fee (Hourly, Not to Exceed): $3,466.00
Task VI - Proposed Fee (Hourly, Not to Exceed): $6,932.00
Task VII: Permit Application
The permit application is an attachment to the application form that contains general
information about the owner, existing conditions and characteristics of the proposed
site, and all operational and design considerations. The proposed fee for this task
includes four meetings with City of Lubbock staff.
Subtask A: General Information
This portion of the report contains location maps, owner information,
and data regarding the surrounding area.
1. Title Page
The title page shall show the name of the project, the name of the
applicant, and the location by city and county.
2. Signature of Applicant
The signature of the applicant(s), checked against agency
requirements, in accordance with §305.44.
3. Affidavit
A notarized affidavit from the applicant(s) verifying land ownership
and landowner agreement to the proposed activity.
4. Table of Contents
The table of contents shall list and give the page numbers for the
main sections of the application.
5. Legal Authority
The applicant shall provide verification of his/her legal status.
Normally, this is a one-page certificate of incorporation issued by the
Office of the Secretary of State.
Page 4
6. Evidence of Competency
The applicant shall provide the names of the principals and
supervisors of the applicant's organization relative to the proposed
compost operation and the name, location, and permit or registration
number of any compost operations or solid waste operations that it is
operating or has operated in Texas.
7. Notice of Appointment
The applicant shall provide a notice of appointment identifying the
applicant's engineer.
8. Notice of Coordination
The applicant shall provide notice of coordination with all local, state,
and federal government officials and agencies.
9. Legal Description
The applicant shall provide a legal description of the property and the
county, book, and page number of the current ownership record from
the county deed records and a boundary metes and bounds drawing
and description of the site signed and sealed by a registered
professional land surveyor.
10. Location Description
The applicant shall clearly show the boundaries of the planned
facility on a map that is all or a portion of a county map prepared by
Texas Department of Transportation (TxDOT). At a minimum, the
map shall be at a scale of 1/2 inch equals one mile. The applicant
shall also supply geographic coordinates for the southeast corner of
the facility.
11. Landowner List
The applicant shall include a list of adjacent landowners within a
quarter mile of the facility boundary and their addresses along with
an appropriately scaled map locating the property owned by these
persons.
Subtask A - Proposed Fee (Hourly, Not to Exceed): $7,539.00
Subtask B: Site Operating Plan
This document is to provide guidance from the design engineer to the
site management and operating personnel in sufficient detail to enable
them to conduct day-to-day operations in a manner consistent with the
engineer's design.
1. Process Description
a. Feedstock Identification
The applicant shall prepare a list of the materials intended for
processing along with the anticipated volume to be processed.
This section shall also contain an estimate of the daily quantity
Page 5
of material to be processed at the facility along with a description
of the proposed process of screening for unauthorized and
prohibited materials.
b. Tipping Process
Indicate what happens to the feedstock material from the point it
enters the gate. Indicate how the material is handled in the
tipping area, how long it remains in the tipping area, what
equipment is used, how the material is evacuated from the
tipping area, at what interval the tipping area is cleaned, and the
process used to clean the tipping area.
c. Process
Indicate what happens to the material as it leaves the tipping
area. Indicate how the material is incorporated into the process
and what process or processes are used until it goes to the post-
processing area. The narrative shall include: water addition,
processing rates, equipment, energy and mass balance
calculations, and process monitoring method.
Post -Processing
Provide a complete narrative on the post -processing process,
include post -processing times, identification and segregation of
product, storage of product, quality assurance, and quality
control.
e. Product Distribution
Provide a complete narrative on product distribution including
items such as: end -product quantities, anticipated final grades,
packaging, labeling, loading, and tracking bulk material.
f. Process Diagram
Provide a process diagram that displays graphically the narrative
generated in response to clauses 1.a. — 1.e. of this subtask.
2. Personnel
The minimum number of personnel and their functions to be provided
by the site operator in order to have adequate capability to conduct
the operation in conformance with the design and operational
standards.
3. Equipment
The minimum number and operational capacity of each type of
equipment to be provided by the site operator in order to have
adequate capability to conduct the operation in conformance with the
design and operational standards.
4. Security, Site Access Control, Traffic Control, and Safety
5. Control of Dumping
Page 6
6. Fire Prevention Plan
7. Control of Windblown Material
8. Vector Control
9. Quality Assurance and Quality Control
10. Equipment Failures
11. Anticipated Final Grade of Materials
Subtask B - Proposed Fee (Hourly, Not to Exceed): $26,849.00
Subtask C: Site Development Plan
The applicant shall submit a site development plan reflecting the
provisions in 30 TAC §332 to the maximum extent possible.
Protection of Surface Water
The facility must be constructed, maintained, and operated to
manage run-on and run-off during a 25 -year, 24-hour rainfall event
and must prevent discharge into waters in the state of feedstock
material, including, but not limited to, in -process and/or processed
materials. Any waters coming into contact with feedstock, in -process,
and processed materials must be considered leachate. Leachate
must be contained in retention facilities until reapplied on piles of
feedstock, in -process, or unprocessed materials. The retention
facilities must be lined.
2. Protection of Groundwater
The facility must be designed, constructed, maintained, and operated
to protect groundwater. Facilities that compost municipal sewage
sludge must install and maintain a liner system. The liner system
must be provided where receiving, mixing, composting, post-
processing, screening, or storage areas would be in contact with the
ground or in areas where leachate, contaminated materials,
contaminated product, or contaminated water is stored or retained.
The application must demonstrate the facility is designed to prevent
contamination or degradation of the groundwater. Protection of
groundwater includes protection of perched water or shallow surface
infiltration. The lined surface must be covered with a material
designed to withstand normal traffic from the composting operations.
At a minimum, the lined surface must consist of soil, synthetic, or an
alternative material such as concrete that is equivalent to two feet of
compacted clay with a hydraulic conductivity of 1x10"' centimeters
per second or less.
3. Site Sign
The facility shall have a sign at the entrance indicating the type of
facility, the permit number, hours of operation, and the allowable feed
stocks.
Page 7
4. Access and Access Control
The facility access road shall be an all-weather road. The facility shall
be completely fenced with a gate that is locked when the facility is
closed.
5. Layout Plan
Provide a plan view showing locations of compost units, access
roads, access control, drainage improvements, and all other facilities
to be located within the permitted site boundary.
6. Cross-sections
Provide cross-sections of active sludge units showing existing
ground elevations, subgrade elevations, and groundwater elevations.
7. Geology Report
Report detailing the existing geology at the permitted site including a
profile of soil types encountered down to the groundwater table and
depth to shallowest groundwater.
8. Groundwater Characterization Report
Report detailing the existing groundwater at the permitted site
including flow direction, gradient, depth, and constituent
concentrations.
9. Leachate & Contaminated Water Plan
Plan detailing how leachate and contaminated water will be
collected, transported, and disposed.
10. Groundwater Sampling & Analysis Plan
Plan detailing groundwater monitoring system including number and
depth of wells, monitoring frequency, constituents, and methods for
statistical analysis.
11. Gas Management Plan
Description of the system used to monitor for methane gas in the air
in any structures within the disposal site and in the air at the property
line of the site.
Subtask C - Proposed Fee (Hourly, Not to Exceed): $75,153.00
Subtask D: Closure Plan and Financial Assurance
The applicant shall provide a plan for proper closure of the facility,
including disposition of any remaining feed stocks, in -process, and
processed materials.
1. Closure Cost Estimates
Provide a written cost estimate, in current dollars, showing the cost of
hiring a third party to close the facility by disposition of all processed
and unprocessed materials in accordance with all applicable
regulations.
Page 8
2. Financial Assurance
An owner or operator of a recycling facility that poses a significant
risk to public health and safety shall establish and maintain financial
assurance for closure of the facility.
3. Closure Requirements
Closure must include collecting processed and unprocessed
materials, and transporting the materials to an authorized facility for
disposition.
Subtask D - Proposed Fee (Hourly, Not to Exceed): $3,368.00
Task VII - Proposed Fee (Hourly, Not to Exceed): $112,908.00
Task VIII: Permit Application Review
Once completed, the permit application will be submitted to the TCEQ for review and
approval. The first step of the review process is known as administrative review.
During this review the TCEQ verifies that all necessary documents have been
submitted. After the application is deemed administratively complete, a public notice
will be issued. The second step of the review process is technical review. During this
review the TCEQ reviews all documents to verify they are technically complete. After
the application is deemed technically complete, another public notice will be issued.
Subtask A: Administrative Review
The application will be reviewed by TCEQ staff for administrative
completeness within 14 -calendar days of receipt of the application by
the executive director. Notice of Receipt of Application and Intent to
Obtain Registration (NORI) is published by applicant after the
application is declared administratively complete. PSC will respond to
any comments received and publish the NOR[ as required.
Subtask A - Proposed Fee (Hourly, Not to Exceed): $2,500.00
Subtask B: Technical Review
The technical aspects of the application will reviewed and evaluated.
Upon technical completion, TCEQ staff will prepare a draft permit and
fact sheet. Notice of Application and Preliminary Decision (NAPD) is
published by the applicant after the application is declared technically
complete. PSC will respond to any comments received and publish the
NAPD as required.
Subtask 8 - Proposed Fee (Hourly, Not to Exceed): $2,500.00
Task VIII - Proposed Fee (Hourly, Not to Exceed): $5,000.00
WatalTrojectst201212663 12$ADMINICONTRACTS%FEES\Combined Biosolids and DLD%Fourth Revision 12-17-121revised4-Attachment A -Scope of Seroices.docx
Page 9
ATTACHMENT B
PARKHILL, SMITH & COOPER, INC.
PROJECT BUDGET SHEET
LOCATION CODE:
01
PROJECT NAME:
Lubbock Biosolids Composting & DLD
JOB NO.:
01.2663.12
1
TASK:
PRMT
DATE:
12/17/12
FEE TYPE:
Lump Sum
PREPARED BY:
TMM
PRINCIPAL:
RHE
PROJ. MANAGER:
RHH
OVERHEAD RATE:
PROFIT ON LABOR:
PROFIT ON REIMB:
10.00%
PROFIT ON DIRECTS:
10.00%
TOTAL FEE:
$265,862
LABOR:
$168,618
LABOR:
$168,618
DIRECTS:
$82,797
OVERHEAD:
SUBTOTAL:
$251,415
REIMB. CONSULTANTS:
REIMB. EXPENSES:
$13,134
REIMB. FEE:
$14,447
DIRECT CONSULTANTS:
$75,270
DIRECT EXPENSES:
TOTAL FEE:
$265,862
LABOR BUDGETS:
CODE
DESCRIPTION
HOURS
COSTS
01
Firm Principal
148
$26,344
01
Firm Principal
126
$16,884
03
Engineer
223
$25,868
07
Engineer in Training
538
$52,724
08
Engineering Technologist
393
$38,514
18
Clerical
109
$8,284
FEE ESTIMATING SHEET PROJECT: ibbock Biosolids Composting & DL JOB NO.: 01.2663.12 TASK: PRMIT
SALARY CATEGORY OF PERSONNEL
RATE PER HOUR
FP FP ENG EIT ENGTECHNO CLERICAL
TASK 01 01 03 07 08 18
as $178.00 $134.00 $116.00 $98.00 $98.00 $76.00 TOTAL
Task I: Solids Study and Site Visit
Solids Study
BUDGET SUBTOTALS: HOURS/ Trips -
SALARY
Task II: Potential Site Evaluation (Three Sites)
Biosolids Permit Application 2
Boundary & Topographic Survey (See Direct Sheet)
Prepare SOI
4
2
Location Restrictions
3
Geotechnical Investigation (See Direct Sheet)
40
Review Submitted SOI's
2
1
2
Program Management
4
Floodplain (narrative + three dwgs)
Program Management
1
1
2
2
1
1
6
Drainage (narrative + three dwgs)
8
1
2
1
2
2
1
8
7
Wetlands (narrative + three dwgs)
39
SALARY $1,780
$1,072 $928
1
2
2
1
6
6
Water Wells (narrative + three dwgs)
13
1
28
1
2
2
1
$1,742
6
Surface Water (narrative + three dwgs)
51,368
510,914
1
1
2
2
1
7
Setback Distance (narrative + three dwgs)
1
2
2
1
6
Additional Siting Factors
Adjacent Landowners (narrative + three dwgs)
1
2
2
1
6
Groundwater (narrative + three dwgs)
1
1
2
2
1
7
Soil Characteristics (narrative + three dwgs)
1
1
2
2
1
7
Prevailing Winds (narrative + three dwgs)
1
2
2
1
6
Travel Times and Costs (narrative + three dwgs)
1
1
2
2
1
7
Topography (narrative + three dwgs)
2
2
2
1
7
Program Management
Meetings with Owner (three meetings)
3
4
3
6
1
14
Incorporate Owner Comments
1
4
2
1
8
Intemal Quality Control / Quality Assurance
2
8
1
4
2
1
18
Project Mang ement
8
8
BUDGET SUBTOTALS: HOURS/
Trips - 6
17
13
21
32
28
15
126
SALARY
$3,026
$1,742
$2,436
$3,136
$2,744
$1,140
$14,224
Task III: Selected Sib Date Collection
Biosolids Permit Application 2
Boundary & Topographic Survey (See Direct Sheet)
Prepare SOI
4
2
6
20
Geotechnical Investigation (See Direct Sheet)
40
Review Submitted SOI's
2
1
2
Program Management
4
17
Program Management
1
Internal Quality Control / Quality Assurance 2
8 8
8
1
1
27
Project Management 8
8
1
2
4
12
BUDGET SUBTOTALS: HOURS/ Trips - 1018
8
8
7
5
39
SALARY $1,780
$1,072 $928
$784
SALARY $1,602 $938 $1,508
$380
$4,944
Task IV: Requests for SOI
Biosolids Permit Application 2
8
Prepare SOI
4
2
6
20
8
40
Review Submitted SOI's
2
1
2
8
4
17
Program Management
1
13
Incorporate Owner Comments 2
4
1
Meetings with Owner (four meetings)
4 8
8
8
1
2
26
Internal Quality Control / Quality Assurance
2
2
7
rips -
4
Pro ect Mana errant
2
SALARY $1,602 $938 $1,508
1 1
4
6
HUU(3LI S O S: 1-100 997
Trips -18
13
1
28
8
93
SALARY
$3,204
$1,742
$1,856
$2,744
51,368
510,914
Task V: Site Visits
Sacramento, CA Trip for OLD Site Visit 24 24 24 72
Austin, TX Trip for Com ostin Site Visit 8 8 8 24
GTS TOT S: O S/rips - 32 32 32 96
SALARY 1 $5,696 $4,288 $3,712 $13,696
Task VI: Permit Application Forms
Biosolids Permit Application 2
8
2
12
OLD Permit Application 2
8
2
12
Program Management
Meetings with Owner (two meetings) 2 4 4 4
1
13
Incorporate Owner Comments 2
4
1
7
Internal Quality Control / Quality Assurance 1 1 2
4
1
9
Project Management 1 41 11
7
rips -
SALARY $1,602 $938 $1,508
$2,352
5532
56,932
Page 1 of 2
Task VII: Permit Application
BUDGET SUBTOTALS: HOURS/ Trips - 14
SALARY
148
$26,344
126
$16,884
223
$25,868
538
$52,724
393
$38,514
109
$8,284
General Information
1441
$168,618
Ti0e Page (narrative)
1
1
1
3
Signature of Applicant (narrative)
1
1
2
1
5
Affidavit (narrative)
1
2
1
4
Table of Contents (narrative)
1
1
1
3
Legal Authority (narrative)
1
2
1
4
Evidence of Comptency (narrative)
2
2
1
5
Notice of Appointment (narrative)
1
1
2
1
5
Notice of Coordination (narrative)
2
3
2
1
8
Legal Description (narrative + one dwg)
1
2
2
1
6
Location Description (narrative + three dwgs)
2
2
2
2
1
9
Landowner List (narrative +one dwg)
2
4
2
1
9
Site Operating Plan
Feedstock Indentfication (narrative)
5
20
1
26
Tipping Process (narrative)
2
5
20
1
28
Process (narrative)
2
5
20
1
28
Post -Processing (narrative)
2
5
20
1
28
Product Distribution (narrative)
2
5
20
1
28
Process Diagram (narrative +one dwg)
2
6
24
8
1
41
Personnel (narrative)
1
3
8
1
13
Equipment (narrative)
1
3
8
1
13
Misc. Operational Standards (narrative)
1
5
8
1
15
Site Development Plan
Protection of Surface Water (narrative +fourdwgs)
2
8
36
40
4
90
Protection of Groundwater (narrative +fourdwgs)
2
8
36
40
4
90
Site Sign (narrative)
1
4
1
6
Access Roads (narrative +one dwg)
1
4
14
20
1
40
Access Control (narrative +one dwg)
1
4
14
20
1
40
Layout Plan (narrative + thurdwgs)
2
8
36
60
1
107
Cross -Sections (narrative + ten dwgs)
1
2
8
40
1
52
Geology Report (narrative + six dwgs)
2
2
16
30
2
52
Groundwater Characterization Report (narrative +five dwgs)
2
2
16
25
2
47
Leachate & Contaminated Water Plan (narrative + five dwgs)
2
4
16
25
2
49
Groundwater Sampling & Analysis Plan (narrative + fourdwgs)
2
4
16
20
2
44
Gas Management Plan (narrative + one dwg)
2
2
8
5
2
19
Closure Plan and Financial Assurance
Closure Cost Estimates (narrative)
1
2
6
1
10
Financial Assurance (narrative)
2
6
1
9
Closure Requirements (narrative)
2
6
1
9
Program Management
Meetings with Owner (four meetings) 4
8
8
8
2
26
Incorporate Owner Comments
8
10
4
22
Internal Quality Control / Quality Assurance
8
16
2
8
34
TCEQ Coordination
2
2
4
6
2
16
Project Management
16
8
2
8
1 34
BUDGET SUBTOTALS: HOURS/ Trips - 4
58
49
129F-4301
349
62
1077
SALARY
$10,324
$6,566
$14,964 1
$42,140 1
$34,202
$4,712
$112,908
Task VIII: Permit Application Review
Administrative Review 1 2 2 2 8 8 1 23
Technical Review 1 2 2 2 8 8 1 1 23
BUDGET SUBTOTALS: HOURS/ Trips - 2 4 4 416 16 2 46
SALARY $712 $536 $464 $1,568 $1,568 $152 $5,000
PROJECT SUMMARY
BUDGET SUBTOTALS: HOURS/ Trips - 14
SALARY
148
$26,344
126
$16,884
223
$25,868
538
$52,724
393
$38,514
109
$8,284
1441
$168,618
Page 2 of 2
EE ESTIMATING SHEET
PROJECT: Lubbock Biosolids Composting & DLD
JOB NO
01.2663.12
TASK PRMT
DIRECTS
DIRECT CONSULTANT COSTS
SUBTOTAL
611
612
613
614
615 Geotechnical Consultant
$66,570
616 Surveying Consultant
$8,700
618
TOTAL DIRECT
CONSULTANTS
2 0
DIRECT EXPENSES
621 Travel
Motel
Days
Men @
/Manday
=
Air Travel
Air Faro @
Men @
/Man
=
Parking
Days @
/Day
=
Car Rental
Days @
/Day
=
Mileage
Miles @
$0.600
@ 14
Trips
=
SUBTOTAL
622 Reproductions
Blackline Prints
34" x 22"
Shts @
$0.70 @
Sets =
36" x 24"
Shts @
$0.78 @
Sets =
42" x 30
Shts @
$1.15 @
Sets =
Other
sf @
$0.15 @
Sets =
Printing:
8-112"x 11" B&W
Originals @
$0.06 ISM @
Sets =
8-12" x 11" Color
Originals @
$0.50 /Sht @
Sets =
11" x 17" B&W
Originals @
$0.18 ISM @
Sets =
11" x 17" Color
Originals @
$1.00 /Sht @
Sets =
Binding Cost
Sets @
$2.50 /Set
=
Laminating
ShLs @
$2.00 /Sht
=
Scan to file
Bum to CD/DVD
CD/DVD @
$13.50 /each
=
Scan Specs
Originals @
$0.15 ISM
=
Scan Drawings
Originals @
$1.50 ISM
=
SUBTOTAL
623 Models/Renderings/Photos
Shots @
/Shot
624 Telephone
Cells
/Call
625 Meals
Days @
Men @
/Manday
626 Field Supplies
628 Postage
Mailings
/Mailing
629 Publications
630 Misc Reimbursable Ex
631 Fax
Pages
632 Temporary Personnel
633 Drafting Supplies
634 Office Supplies
635 CADD 393 Hours
/Hour
636 Field Equip Rental
636 Interior Design Items
836NM Gross Receipt Tax
84 Com uler Supplies
TOTAL DIRECT ENSES
Page 1 of 1
EE ESTIMATING SHEET
PROJECT: Lubbock Siosolids CompostIng & DLD JOB NO
01.2663.12
TASK PRMT
REIMBURSABLES - Sacramento, California Trip for OLD Site Visit
REIMBURSABLE CONSULTANT COSTS
SUBTOTAL
511
512
513
514
515
516
518
TOTAL REIMBURSABLECO
SOL ANS
REIMBURSABLE EXPENSES
521 Travel
Motel
3 Days @
6
Men @ $150.00 /Manday
=
$2,700.00
Air Travel
2 Air Fare @
6
Men @ $529.00 /Man
=
$6,348.00
Parking
3 Days @
$6.00
/Day
=
$18.00
Car Rental
3 Days @
$90.00
/Day
=
$270.00
Mileage
Miles @
$0.500
@ 14 Trips
=
SUBTOTAL
$9,336
522 Reproductions
Blackline Prints
34" x 22"
Shia @
$0.70 @
Sets =
36" x 24"
Shts @
$0.78 @
Sets =
42" x 30
Shts @
$1.15 @
Sets =
Other
sf @
$0.15 @
Sets =
Printing:
8-1/2"x 11" B&W
Originals @
$0.08 /Sht @
Sets =
8-1/2"x 11" Color
Originals @
$0.50 /Sht @
Sets =
11" x 17" B&W
Originals @
$0.18 /Sht @
Sets =
11" x 17" Color
Originals @
$1.00 /Sht @
Sets =
Binding Cost
Sets @
$2.50 /Set
=
Laminating
Shts @
$2.00 /Sht
=
Scan to file
Bum to CD/DVD
CD/DVD @
$13.50 /each
=
Scan Specs
Originals @
$0.15 /Sht
=
Scan Drawings
Originals @
$1.50 ISM
=
SUBTOTAL
523 Models/Rendedn s/Photos
Shots @ /Shot
524 Telephone
Calls
$2.00 /Call
525 Meals
3 Days@
6
Men @ $50.00 /Manday
$900
526 Field Supplies
528 Postage
Mailings 90
$30.00 /Mailing
529 Publications
530 Misc Reimbursable Ex
531 Fax
Pages
532 Temporary Personnel
533 Drafting Supplies
534 Once Supplies
535 CADD 393 Hours
/Hour
538 Field Equip Rental
537 Interior Design Items
539 NM Gross Receipt Tax
547 Com uter, lies
TOTAL R I
URS BL
S S3Q38
Page 1 of 1
FEE ESTIMATING SHEET
PROJECT., Lubbock Biosolids Composting & OLD JOB NO
01.2663.12
TASK PRMT
REIMBURSABLES - Austin, Texas Trip for Composting Site Visit
REIMBURSABLE CONSULTANT COSTS
SUBTOTAL
511
512
513
514
515
516
518
TOTALI U
L CONSULTANTS
REIMBURSABLE EXPENSES
521 Travel
Motel
Days @
Men @ /Manday
=
Air Travel
2 Air Faro
6
Men @ $221.00 /Man
=
$2,652.00
Parking
1 Days @
$8.00
/Day
=
$6.00
Car Rental
1 Days @
$90.00
/Day
=
$90.00
Mileage
Miles @
$0.500
@ 14 Trips
=
SUBTOTAL
$2,748
522 Reproductions
Blackline Prints
34" x 22"
Shts @
$0.70 @
Sets =
36" x 24"
Shts @
$0.78 @
Sets =
42"x 30
Shts @
$1.15 @
Sets =
Other
sf @
$0.15 @
Sets =
Printing:
8-1/2"x 11" B&W
Originals @
$0.08 /Sht @
Sets =
8-1/2" x 11" Color
Originals @
$0.50 /Sht @
Sets =
11" x 17" 88W
Originals @
$0.18 ISM @
Sets =
11" x 17" Color
Originals @
$1.00 ISM @
Sets =
Binding Cost
Sets @
$2.50 /Set
=
Laminating
Shts @
$2.00 /Sht
=
Scan to file
Bum to CD/DVD
CD/DVD @
$13.50 /each
=
Scan Specs
Originals @
$0.15 ISM
=
Scan Drawings
Originals @
$1.50 ISM
=
SUBTOTAL
523 Models/Rendedn s/Photos
Shots @ /Shot
524 Telephone
Calls
$2.00 /Call
525 Meals
1 Days@
6
Men @ $25.00 /Manday
$150
526 Field Supplies
528 Postage
Mailings @
$30.00 /Mailing
529 Publications
530 Misc Reimbursable Exp
531 Fax
Pages
532 Temporary Personnel
533 Drafting Supplies
534 Office Supplies
535 CADD 393 Hours
/Hour
536 Field Equip Rental
537 Interior Design Items
539 NM Gross Receipt Tax
547 comEuter,9upplies
TOTAL REIMBURSABLE
EXPENSES
2,898
Page 1 of 1