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HomeMy WebLinkAboutResolution - 3213 - Agreement - HDR Engineering Inc - Permitting Expansion, Landfill - 09/28/1989DGV:dw Qincni iirrnm Resolution # 3213 September 28, 1989 Item #23 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Engineering Services by and between the City of Lubbock and HDR Engineering, Inc. of Dallas, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of September , 1989. e ' B. C. MCRI-NN, MAYOR ATTEST: Ranett Boyd, City Secretary APPROVED AS TO NTENT: Rita P. Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: DobIld G. Vandiver, First Assistant City Attorney AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as Owner) and HDR Engineering, Inc., with principal offices at Suite 125, 12700 Hillcrest Road, Dallas, TX 75230- 2096 (hereinafter referred to as Engineer): WITNESSETH: WHEREAS, Owner intends to obtain a permit from the Texas Department of Health for the operation of a Type I Municipal Solid Waste Sanitary Landfill on 69.69 acres adjacent to the existing City of Lubbock Landfill and is required to develop a Site Development Plan in conjunction with the preparation and filing of a permit application. WHEREAS, Owner requires certain professional services in connection with the Project (hereinafter referred to as the Services); and, WHEREAS, Engineer is prepared to provide such Services; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be September 28, 1989. ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this Agreement; and as described in Engineer's proposal dated July 25, 1989 and the Owner's Request for Proposal RFP #10256, all of which are incorporated by reference as part of the Agreement. ARTICLE 3 - COMPENSATION Owner shall pay Engineer in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 4 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional engineer under similar circumstances and Engineer shall, at no cost to Owner, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for actual construction means, methods, techniques, sequences, procedures, or safety precautions and programs used in connection with the Project by construction contractor. Engineer shall assist the Owner in the administering of its construction contracts with any contractor, subcontractor, vendor, or other project participant in order to fulfill contractual or other responsibilities to the Owner or to comply with federal, state, or local laws, ordinances, regulations, rules, codes, orders, criteria, or standards. ARTICLE 6 - OPINIONS OF CONSTRUCTION COST AND CONSTRUCTION SCHEDULE Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, Engineer's cost estimates shall be made on the basis of qualification and experience as a professional engineer. Since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be made on the basis of qualification and experience as a professional engineer. Engineer cannot and does not guarantee that proposals, bids or actual project costs will not vary from his cost estimates or that actual schedules will not vary from his forecast schedules. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the risks and potential' liabilities that may exist during the performance of the Services and in consideration of the promises included herein, owner and Engineer agree to allocate such liabilities in accordance with this Article 7. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 7.2 Indemnification. Engineer agrees to defend, indemnify, and hold Owner whole and harmless against all claims for damages, costs, and expenses of persons or property that may solely arise out of, or be occasioned by, or from any negligent act, error, or omission of Engineer, or any agent, servant, or employee of Engineer in the execution or performance of this Contract. 7.3 Defense of Claims. Ir filed in which negligence is Engineer, Engineer agrees tc accepts Engineer's defense, reimburse Engineer on a pro defense. Owner also agrees on a pro rata basis for any in resolution of such claim. the event an action for damages is alleged on the part of Owner and defend Owner. In the event Owner Owner agrees to indemnify and rata basis for all expenses of to indemnify and reimburse Engineer judgment or amount paid by Engineer Such pro rata share shall be based -2- upon a final judicial determination of negligence or, in the absence of such determination, by mutual agreement. 7.4 Employee Claims. Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner's employees. 7.5 Limitations of Liability. To the fullest extent permitted by law, Engineer's total liability to Owner for any and all injuries, claims, losses, expenses or damages arising out of or in any way related to the Project or this Agreement from any cause or causes including but not limited to Engineer's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the minimum amounts required by Article 10 of this Agreement. 7.6 Other Project Indemnities. Indemnity provisions shall be incorporated into all Project contractual arrangements entered into by Owner and shall protect Owner and Engineer to the same extent. 7.7 Survival. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INDEPENDENT CONTRACTOR Engineer undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of its own performance and that of its subcontractors, agents and employees. Owner shall have no right to supervise the methods used but Owner shall have the right to observe such performance. Engineer shall work closely with owner in performing Services under this Agreement. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the Services, Engineer will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. Engineer shall possess the licenses necessary to allow Engineer to perform the Engineering Services. Engineer shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. -3- ARTICLE 10 - INSURANCE Prior to the time Engineer is entitled to commence any part of the services under this Contract, Engineer shall procure, pay for, and maintain the following insurance written by companies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to Owner. The insurance shall be evidence by delivery to Owner of (12) certificates of insurance, executed by the insurer, listing coverage and limits, expiration date and term of policy, and certifying that the insurer is licenses to do business in Texas or meets the surplus lines requirements of Texas law, or (2) a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Contract. A. Comprehensive General Liability Insurance The Engineer shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Explosion and Collapse Hazard Underground Damage Hazard Products and Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The Owner is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Comprehensive Automobile Liability Insurance The Engineer shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250/$500,000 Property Damage $100,000 to include all owned and non -owned cars including Employers Non -ownership Liability Hired and Non -owned vehicles The Owner is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. C. Worker's Compensation and Employer's Liability insurance As required by State statute covering all employees whether employed by the Engineer or any Subcontractor on the job with Employer's Liability of at least $100,000 limit. -4- D. Professional Liability Insurance (including errors and omissions) with minimum limits of $1,000,000 per claim. Engineer shall furnish owner certificates of insurance which shall include a provision that such insurance shall not be cancelled without at least thirty days written notice to owner. ARTICLE 11 - OWNER"S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 12 - REUSE OF DOCUMENTS All documents, including drawings, specifications, and computer software, prepared by Engineer pursuant to this Agreement are instruments of service in respect to this Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer. ARTICLE 13 - AMENDMENT, TERMINATION, AND STOP ORDERS This Contract may be altered or amended only by mutual written consent and may be terminated by the Owner at any time by written notice to the Engineer. Upon receipt of such notice, the Engineer shall, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of this Contract and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Contract. The Engineer shall submit a statement showing in detail the work performed under this Contract to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed fee which applies to the work actually performed under this Contract, less all payments that have been previously made. Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the Owner. The Owner may issue a Stop Work Order to the Engineer at any time. Upon receipt of such order, the Engineer is to discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the order otherwise directs. If the Owner does not issue a Restart Order within 60 days after receipt by the Engineer of the Stop Work Order, the Engineer shall regard this Contract terminated in accordance with the foregoing provisions. ARTICLE 14 - NONDISCLOSURE OF PROPRIETARY INFORMATION Engineer shall consider all information provided by Owner to be proprietary unless such information is available from public sources. Engineer shall not publish or disclose proprietary information for any purpose other than the performance of the -5- Services without the prior written authorization of Owner or in response to legal process. ARTICLE 15 - NOTICE Any notice, demand, or request required by or made pursuant to this Agreement shall be deemed properly made if personally delivered in writing or deposited in the United State mail, postage prepaid, to the address specified below. To Engineer: HDR Engineering, Inc. Suite 125 12700 Hillcrest Road Dallas, TX 75230-2096 ATTN: Risa Fisher, Project Manager To Owner: City of Lubbock City Manager's Office 1625 13th Street Lubbock, TX 79401 ATTN: Rita P. Harmon, ACM Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representative of Engineer and Owner. ARTICLE 16 - UNCONTROLLABLE FORCES Neither Owner nor Engineer shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch. The provisions of this Article shall not be interpreted or construed to require Engineer or Owner to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 17 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. Any suit brought to enforce any provision of this Agreement or for construction of any provision thereof shall be brought in Lubbock County. ARTICLE 18 - MISCELLANEOUS 18.1 Nonwaiver. A waiver by either Owner or Engineer of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. 18.2 Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the agreement be determined to be void. ARTICLE 19 - INTEGRATION AND MODIFICATION This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by each of the Parties. ARTICLE 20 - SUCCESSORS AND ASSIGNS Owner and engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. -7- ARTICLE 21 - ASSIGNMENT Neither Owner nor Engineer shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Engineer from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of the Services hereunder. ARTICLE 22 - SUBCONTRACTORS No work herein called for by the Engineers shall be subcontracted to a subcontractor who is not acceptable to the owner or assigned without prior written approval of the Owner. The Engineer shall require subcontracts to conform to the applicable terms of this Contract and include provisions which require subcontractor compliance with Owner Rules. ARTICLE 23 - THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Engineer. -8- IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF LUBBOCK, TEXAS B. C. McMi , Mayor Attes Ra ette Boyd City Secretary HDR ENGINEERING. INC. By:i i liam B. Hagoo PE Vice President Attest William R. Hindman, PE Senior Vice President Attest Risa Fisher APPROVED AS TO CONTENT: Project Manager Rita P. Harmon Assistant City Manager Public Service & Safety APPROVED AS TO FORM: 1 AV Don Vandiver Assistant City Attorney QZ ATTACHMENT A TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering services required to obtain permit from Texas Department of Health for the operation of a municipal solid waste sanitary landfill on 69.69 acres adjacent to the existing City of Lubbock landfill. A DESCRIPTION OF SCOPE OF SERVICES The scope of services for this municipal solid waste sanitary landfill project is as follows. Work will not proceed until Owner has authorized Engineer in writing to proceed. I. PROJECT MANAGEMENT, MEETINGS, AND COORDINATION A. Establish project administrative board, consisting of Engineer's project manager and principals of Engineer and major subcontractors. The board will meet as 30, 70, and 90 per cent completion to assess project status and report their findings to the Owner's project director. B. Hold weekly conference calls between Engineers of project manager and Owners of project director for coordination purposes throughout the project. C. Participate in the following meetings to review progress and exchange ideas and information. 1. Attend meetings in Lubbock with the City Review Committee to review and discuss the project. Prepare meeting minutes and distribute to all attendees. It is anticipated that four (4) meetings will be needed. 2. Conduct meetings at Engineer's office with Engineer's project manager and major subcontractor project managers to coordinate, review, and discuss the project. Prepare meeting minutes and distribute copies to all attendees and to Owner. 3. Attend meetings in Austin with State regulatory agencies to discuss the project. Engineer will be accompanied by City staff. Prepare meeting minutes and distribute to City attendees. 4. Attend City Council Work Session meetings in Lubbock to discuss the project. It is anticipated that three (3) briefings will be held. Efforts will be made to schedule meetings on the same day as the public meetings for the project. 5. Participate in public meetings in Lubbock to discuss project and obtain comments as project is being developed. It is anticipated that two (2) meetings may be needed. Prepare meeting minutes and distribute to City;s Review Committee. 6. Participate in a public hearing conducted by the Texas Department of Health for the permit application, if required. Hearings will be held in Lubbock. D. Prepare monthly status reports summarizing the progress of the work to date and submit to Owner's .project director. Each report will update the project schedule. E. Provide coordination for efforts of project team members, including subcontractors, for work developed in this project. F. Provide technical staff for participation in meetings with City Review Committee in Lubbock to discuss project. G. Provide technical staff for participation in meetings with State regulatory agencies in Austin to discuss project. H. Provide informal quality control review throughout the development of project. Conduct formal reviews of draft report before it is submitted to Owner. II. ENGINEERING AND TECHNICAL SERVICES A. Phase One - (Optional) Comprehensive Site Analysis and Overall Implementation Plan Task 101. Meet with the Texas Department of Health in Austin with representatives of the City to discuss a plan of implementation for landfill expansion and site optimization. Among other issues, discuss regulatory feasibility of achieving "Final Closure" of part of the already permitted landfill site, area - fill techniques, and regulatory requirements in anticipation of implementation of regulations pursuant to Subtitle D of RCRA. Discuss hydrogeologic considerations relative to simple expansion of the site versus -2- partial "Final Closure." Determine permitting requirements and anticipated time frame for permit issuance for various scenarios. Assist the City in development of a plan for further activities. Task 102. Develop simple drawings illustrating the modified sequence of development and filling technique to change the current operation from a trench -fill method to an area -fill method. Prepare permit modification documents for submission to TDH. Calculate a revised remaining site capacity based on area -filling using disposal records provided by the City and recent aerial photography/topography developed in PHASE TWO. Task 103. Define a "Final Closure" area and design an appropriate groundwater monitoring program to determine groundwater gradient and other pertinent hydrogeologic considerations. This program will be designed to facilitate determination of whether any future groundwater contamination is caused by the "Closed" fill, the active fill, or another source of groundwater contamination. Prepare a Closure Plan for the appropriate fill area and submit the Plan to TDH for review. Task 104. Investigate the need for additional disposal capacity and the preliminary feasibility of modifying the expansion area to include adjacent property not currently owned by the City. This task does not include soil borings or geotechnical analysis on the adjacent property. Task 105. Determine the need for and feasibility of relocating Blackwater Draw to maximize site life. -3- Task 106. Define ultimate limits of fill and develop an overall concept of site development based on the results of analyses described above as part of PHASE ONE activities. Task 107. Design the relocation of Blackwater Draw including any necessary permitting and regulatory approvals to do so. B. PHASE TWO - GEOTECHNICAL INVESTIGATION The geotechnical investigation will be performed to provide an assessment of the subsurface soils including geologic and hydrogeologic conditions. The investigation will involve the collection of disturbed and undisturbed soil samples for laboratory analysis, and the installation of observation wells to determine groundwater flow direction and gradient. Task 201. Review available published literature to determine the regional geology and hydrogeology., This review will include locating water wells recorded with the State within a one -mile radius of the site. Task 202. Drill and sample 20 borings. Intermittent disturbed and undisturbed samples will be taken in 13 borings at 5 -foot intervals to the water table or 50 feet (whichever is less). Seven of the 20 borings will be intermittently sampled to the water table and then continuously sample 10 feet below the water table. Task 203. Convert the seven deep borings into observation wells. The wells will be screened below the water table. In order to monitor any fluctuations in water levels beneath the site, water level measurements are proposed to be taken bi-weekly for two months. Since the major water -bearing formation beneath the site is the Ogallala aquifer and no areas which would act as significant recharge areas are in the immediate vicinity of the site, the four sets of water level data should be sufficient to characterize the groundwater flow direction and gradient. -4- Task 204. Perform in-situ permeability testing in four of the seven observation wells. The results will be compared to the laboratory permeabilities. Testing will be done using the falling head method. Task 205. Perform laboratory testing consisting of permeability, Atterberg limits, sieve and hydrometer analysis, moisture - density relations, and moisture content. Ten permeability tests will be performed on undisturbed samples. Four of these tests will be done on samples from the borings which were used to run the in- situ permeability tests. The following number of tests will also be performed: Atterberg limits...................30 Sieve and hydrometer analysis...... 10 Moisture -density relations ......... 10 Moisture content...................20 Percent passing #200 sieve......... 20 Task 206. Prepare a soils report summarizing the findings of the literature review (Task 201), the field investigation (Tasks 202, 203, and 204), and the laboratory analyses (Task 205). This report will include: Descriptions of field and laboratory methods and procedures; Description of regional geology and hydrogeology; Description of site-specific geology and hydrogeology; Geologic cross-sections; Water level contour maps; Isometric soils map; Summaries of laboratory and field testing; Discussion of results with conclusions C. PHASE THREE - SITE DEVELOPMENT PLAN AND TDH PERMIT APPLICATION Prior to beginning site design activities, meet with officials of TDH in Austin to obtain guidance concerning State interpretation and enforcement of Subtitle D landfill regulations. Of particular concern are requirements for lining and leachate collection and treatment. Obtain guidance on the possibility of retaining operation of the air curtain destructor (trench burner) -5- currently on-site, and future restrictions on landfilling wastewater treatment sludge, if any. This meeting may occur concurrently with Task 101. It includes Scope of Services, Items 3) and 4) of the RFP. The following tasks pertain to the design and permitting of a state-of-the-art sanitary landfill which is efficient, environmentally sound, and complies with current and anticipated regulations. Prepare the following for inclusion in an application to TDH for a Permit to operate a Municipal Solid Waste Site (Site Development Plan). Task 301. Prepare the following attachments. Attachment 1. General Location Map Prepare a map showing the location of the site in a County Highway Map. Attachment 2. Topographic Map Prepare a map showing location of the site, one -mile radius, airport distance, and access roads. Attachment 3. Land Use Map Prepare a map showing Corporate/City Limits, one -mile radius, water wells, prevailing wind direction, zoning, and land use. Attachment 4. Aerial Photograph (Williams - Stackhouse, Inc.) Annotate an aerial photograph showing a one -mile radius around the site. This effort corresponds to Scope of Services, Item 2)f) of the RFP. Attachment 5. Topographic Map (Wilson Surveying Company, Inc.) Annotate a topographic map showing property boundary, existing drainage areas, plan view of cross-section locations, flood -prone areas, and existing site topography (2 -foot intervals). Attachment 6. Sectorized Fill Layout Prepare a drawing showing horizontal fill sequence, all-weather roadways, monitoring wells (ground water and methane), buffer areas, and stockpile areas. Attachment 6A. Site Development Details Prepare drawings showing details of the following. All-weather roadway construction (access roads and on-site roads) Drainage features, culverts, ditches Monitoring wells (groundwater and methane) Typical vertical fill sequence Groundwater protection (liner) features Typical temporary diversion berms Leachate collection system (if any) Methane migration control or recovery equipment layout (if any) Fencing Special easement considerations (if any) Relocation of Blackwater Draw (if appropriate), developed in Task 107 Other Attachment 7. Typical Fill Cross- section Prepare cross-sectional drawings showing existing ground surface, existing fill surface, limit of existing and proposed excavation, previously permitted final fill elevations, proposed final fill elevations, final cover, boring locations and logs, groundwater elevations, proposed drainage structures, and other significant features. Attachment 8. Ground water and Surface Water Protection Facilities -7- This information will be shown on Attachments 5, 6A, and 9 and will be discussed in the Design Data section. Attachment 9. Landfill Completion Plan Prepare a drawing showing final topography, drainage areas, flood -prone areas, surface water quantities and locations of discharges. Attachment 10. Legal Description Incorporate a legal description furnished by the City and confirmed by the boundary surveys, including all easements. This effort corresponds to Scope of Services, Item 2)b) of the RFP. Attachment 11. Soils Report Incorporate the soils report developed in PHASE TWO into the application. Attachment 12. Site Operation Plan Prepare a written plan to provide guidance to site management and operating personnel in sufficient detail to enable them to conduct operations in a manner consistent with the landfill design throughout the life of the site, including but not limited to the following. Personnel Equipment Security Site access control Site screening Traffic control Safety Sequence of site development Working face dimensions Fire prevention and control -8- Control of special wastes Control of windblown material Vector control Dewatering of excavations Dust and mud control Compaction, intermediate and final cover procedures Soil Liner Quality Control Plan Leachate and methane monitoring Protection of on-site utilities and easements Wet -weather operations Site inspection and maintenance during development and post -closure. Attachment 13. Evidence of Financial Responsibility Incorporate appropriate documents furnished by the City showing financial responsibility. Attachment 14. Evidence of Competency Prepare documents that show the City is competent to operate the site based on personnel available and operating history of other sites. Attachment 15. Applicant's Statement of Review, Commitment, and Agreement Prepare a statement that the City intends to operate the site in conformance with the design plans and applicable regulations. Special provisions in response to Subtitle D will be incorporated after careful consultation with TDH. Task 302. Prepare the following additional documents to satisfy TDH requirements. Appendices including standardized TDH forms Engineers Appointment Solid Waste Data including quantity and quality of waste, sources of waste, and site -life and waste quantity calculations Task 303. Provide the following Design Data Land Use Prepare a description of land use in proximity to the site. Conduct routine correspondence with the Texas Historical Commission. Access Prepare text addressing access road improvements or limitations, traffic volumes, vehicle types, wet -weather areas, site entrance, and fencing. Task 304. Address the following engineering considerations Fill Method Provide a description of the fill method and technique. Wet -weather Operations Prepare a description of operating procedures during periods of wet weather. Special Wastes Prepare a description of operating procedures for handling special wastes. Litter Control Prepare a description of methods to control litter. Site -Life Calculations Provide projected disposal rates and site -life calculations. -10- Final Use Prepare a description of intended post - closure use of the site. Cover Material Prepare a description of final cover design and provide soil balance calculations Fire Protection Prepare a description of fire -fighting operations. Post -closure Inspection Prepare a description of operations, maintenance, and monitoring upon closure of the site. Faulting and Subsidence Incorporate text addressing faulting and subsidence. Task 305. Address groundwater protection as follows. Groundwater Occurrence Incorporate a discussion of groundwater occurrence as developed in PHASE TWO. Leachate Generation Prepare a water balance using the Thornthwaite method. Groundwater Monitoring Prepare a description of groundwater monitoring plans. Drinking Water Protection Prepare a description of drinking water protection. Task 306. Address surface water protection as follows. -11- Existing drainage areas. Conduct calculations and describe existing drainage characteristics and features of the site. Proposed drainage areas. Conduct calculations and describe proposed drainage characteristics of the site and design proposed features including ditches, culverts, and berms. Task 307. Address other pertinent issues which may include the following. Wetlands Address the existence and proposed handling of wetlands on the site, if any. Threatened and Endangered Species. Determine whether the site includes critical habitat for listed threatened and endangered species. This effort corresponds to Scope of Services, Item 2)d) of the RFP. Methane venting and recovery. Discuss the potential for methane migration, proposed control measures if any, and proposed methane recovery activities if any. If required, provide surveys, studies and effort corresponds to Item 2)e) in the RFP. Soils Data archaeological reports. This Scope of Services, Provide soils data in Attachment it and as discussed in the Design Data Section. Task 308. Submit a Preliminary Draft Site Development Plan (Permit Application) to the Owner for review and comments. Task 309. Submit a Final Draft Site Development Plan (Permit Application) to TDh for review and comments. PHASE THREE corresponds to Scope of Services, Items 3) and 4) in the RFP. -12- D. PHASE FOUR - PERMIT REVISIONS Meet with TDH as required to answer questions and clarify the permit application. PHASE FOUR corresponds to Scope of Services, Items 5) and 6) in the RFP. E. PHASE FIVE - FINAL PERMIT APPLICATION Task 501. Address one set of written comments by TDH and re -submit the Site Development Plan to TDH. Task 502. After determination that the application is "technically complete", print and submit to TDH the required number of Final Site Development Plans. PHASE FIVE corresponds to Scope of Services, Items 6) and 7), in the RFP. F. PHASE SIX - PUBLIC HEARINGS AND LOCAL MEETINGS Provide presentations and testimony as required during permit hearings and other local meetings necessary to acquire the necessary permits and approvals. G. PHASE SEVEN - PRE CONTRUCTION Groundwater and landfill gas monitoring wells or other monitoring capability will be described in the Site Development Plan (Permit Application) in adequate detail for regulatory review and approval. One reproducible set of the Site Development Plan (Permit Application) and related reports will be provided to the City. III. SUPPLEMENTAL SERVICES A. Any work requested by the Owner that is not included in one of the items listed in any other place will be classified as supplemental services. B. Supplemental services shall include, but are not limited to: 1. Additional meetings with the City Review Committee, local, state or federal agencies to discuss the project. -13- 2. Additional appearances at the City Council meeting, public meetings, public hearings, or before special boards. 3. Supplemental engineering work required to meet the requirements of regulatory of funding agencies that become effective subsequent to the date of this agreement. 4. Special consultants or independent professional associates requested or authorized by the owner, including legal, financial, or additional engineering or technical consultants. 5. Provisions of a court reporter for public hearings. 6. Provisions of an environmental impact statement as requested by the Owner or required by review agencies. 7. Provisions, through a subcontract, of an archaeological study and report on the site. 8. Specifications for the construction of groundwater and landfill gas monitoring wells will not be required unless specifically required by the TDH as a pre -condition to receive the permit. 9. Provisions of support services in conjunction with public relations activities that are in addition to participation in the public meetings in Lubbock. 10. Preparation of detailed user charge analysis and report. -14- ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering services required to obtain permit from the Texas Department of Health for the operation of a municipal solid waste sanitary landfill on 69.69 acres adjacent to the existing City of Lubbock landfill. COMPENSATION For the services covered by this contract, the Owner agrees to pay the Engineer as follows: A. For project management meetings and coordination and the engineering and technical services to include geotechnical investigation, site development plan and Texas Department of Health permit application, permit revisions, final permit application, and local meetings, an hourly billing fee for Engineer's personnel services as listed in this paragraph, plus subcontract personnel services at cost to Engineer. The maximum billed for these Engineer's personnel services shall not exceed $91,000, without further written authorization. In addition, Engineers and subcontractors reimbursable expenses shall be billed at cost. Billing for reimbursable expenses are estimated to be $8,000. The fee schedule for the Engineer's personnel services are specified in paragraph E. B. For optional services to include a comprehensive site analysis and overall implementation plan, including the current 320 -acre sanitary landfill, an hourly billing fee for Engineer's personnel services as specified in paragraph E, plus subcontractors personnel services at cost to the Engineer. The maximum billed for the Engineer's personnel services shall not exceed a maximum of $39,000. In addition, the Engineer's and subcontractors reimbursable expenses shall be billed at cost, not to exceed a maximum of $2,000. C. For presentation and testimony during a public hearing conducted by the Texas Department of Public Health, an hourly billing fee for Engineer's personnel services as listed in Paragraph E. A scope of services shall be determined prior to the public hearing and a maximum amount billed for these services shall be specified in writing. A written notice to proceed shall be issued to the Engineer prior to services being rendered. D. For supplemental services, an hourly fee for Engineers' personnel as listed in paragraph E plus reimbursable expenses and subcontract billing at cost to Engineer. Each item of supplemental services shall be established before the work is started. The amount billed for each item of supplemental services shall not exceed the amount established for it without further authorization. Additional amounts for supplemental services may be authorized, if necessary, as the work progresses. E. Hourly fees listed herein for Engineer's personnel services will apply until January 1, 1990 and shall be changed annually on January 1st for the upcoming twelve (12) month period. Hourly Billing Classification Rate Range Project Principal $120.00 - $130.00 Senior Consultant $135 Project Manager $70 - $80 Sr. Engineer -Sr. Hydrogeologist $95 - $110 Project Engineer $50 - $62 Project Technician $45 - $55 CADD Operator -Drafter $33 - $50 Steno -Admin. $33 - $53 F. The following expenses are reimbursable: 1. Travel, subsistence, and incidental costs. 2. Use of motor vehicles on a monthly rental basis for assigned vehicles and on a current mileage basis or rental cost basis for vehicles used for short periods. 3. Telegraph costs, long distance telephone costs and project "onsite" telephone costs. -2- 4. Reproduction of reports, drawings, and specifications. 5. Postage and shipping charges for project - related materials. 6. Computer time charges including program use charges. 7. Rental charges for use of equipment, including equipment owned by the Engineer. 8. Cost of acquiring any other materials or services specifically for and applicable to only this project. 9. Charges of special consultants requested or authorized by the owner. 10. Special insurance coverage required by the Owner, including the cost of naming the Owner as an additional insured. 11. Local taxes or fees applicable to the engineering work or payments therefor. 12. Charges for review of drawings and specifications by government agencies, if any. 13. Cost of acquiring any other materials, or service specifically for and applicable to only this project. G. The Engineer agrees to use its best efforts to perform the services as defined in Attachment A within the billing limits stated above. H. Monthly payments shall be made to the Engineer by the Owner based on the Engineer's statement. For hourly fee items, the statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. MM I. The uncontested amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of 1-1/2 percent per month from the billing date, shall be due for accounts which are not paid within 60 days after the billing date. J. It is understood and agreed that the maximum billings of each of the above items are based on the start of the services being authorized not later than October 13, 1989. If start of services is not authorized by date given, it is understood and agreed that the upper billing limit will be adjusted accordingly by a supplement to this Agreement. K. That the Engineer shall start the performance of the services within ten days of receipt of notice to proceed. L. That the Engineer shall keep records on the basis of generally accepted accounting practice of costs and expenses and which records shall be available to inspection at reasonable times. -4- ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering services required to obtain permit from Texas Department of Health for the operation of a municipal solid waste sanitary landfill on 69.69 acres adjacent to the existing City of Lubbock landfill. OWNER'S RESPONSIBILITIES The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: 1. All maps, drawings, reports, records, audits, annual reports, and other data that are available in the files of the Owner and which may be useful in the work involved under this contract. 2. Access to public and private property when required in performance of the Engineer's services. 3. Office desk space for the Engineer's personnel during preliminary investigations. 4. The services of at least one of the Owner's employees or staff who has the right of entry to, and who has knowledge of, the existing facilities to aid Engineer in conduct of field reviews of existing facilities. 5. Property, boundary, easement, right-of-way, and utility surveys and property descriptions. 6. Releases to the news media concerning public meetings and public hearings. 7. Hall or auditorium space for public meetings and public hearings and the audio equipment and projection equipment required for such hearings. 8. Legal advertisement of public hearings. 9. Provision of court reporter for public hearings, if required by Texas Department of Health. 10. Legal and financial consulting services related to the project. 11. The services of at least one of the Owner's employees to aid Engineer in determining present and projected land use and determining present and future population. 12. Timely review of project memorandums and draft reports. Owner will review documents and submit comments to Engineer within 5 working days for project memorandums, and within 10 working days for draft reports. -2- Y � � September 29, 1989 Ms. Rita P. Harmon Assistant City Manager City of Lubbock 1625 13th Street Lubbock, TX 79401 RE: HDR Engineering, Inc. Certificates of Insurance Dear Ms. Harmon: Enclosed please find certificates of insurance evidencing our professional and general liability coverage. These certificates were telecopied to your office today. If you have any questions regarding the certificates of insurance, please contact the undersigned at (402) 399-1145. Very truly yours, DR ENGINEERING, Bonnie J. Kudron Paralegal Enclosures INC. oox a '- cc: Bill Hindman/HDR Dallas HDR Engineering, Inc. 8404 Indian Hills Drive Omaha, Nebraska 68114-4049 Telephone 402 399-1000 AChOltalk PRODUCER CORROON & BLACK OF WISCONSIN, INC.;_, 330 East Kilbourn Avenue, Suite 1400 Milwaukee, Wisconsin 53202-3195 ISSUE DATE (MM/DD/YY) 9/28/89 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE 414-271-9800- ' COMPANY A National Union Fire Ins. Co. 8UB-CODE CODE LETTER _.... COMPANY INSURED LETTER B HDR Engineering, Inc. COMPANY c HDR, Inc. et al LETTER 8404 Indian Hills Drive COMPANY Omaha, Nebraska 68114-4049 LETTER D COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR11 THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _.,..... CO TYPE OF INSURANCE i POLICY EFFECTIVE ,POLICY EXPIRATION LTR POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ CLAIMS MADE OCCUR.:i - -- PERSONAL & ADVERTISING INJURY $ OWNER'S & CONTRACTOR'S PROT, EACH OCCURRENCE $ WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHERAr ch i tec tu- Aand Engineers !EGR5426011 ;8/15/89 8/15/90 Professional Liability _........ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS City of Lubbock 1625 13th Street Lubbock, TX 79401 STATUTORY $ (EACH ACCIDENT) µ $ ' (DISEASE -POLICY LIMIT) $ (DISEASE -EACH EMPLOYE $1,000,000 per Occ. $1,000,000 Aggregat SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �....• r/'° C100A i s 'FORM. CERTIFICATE OF IN$U #ANAP. ISSUE DATE (MM/DD/YY) PRODUCER ;... 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS I NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Alexander 8 Alexander 1w. 12128 Shamrwk Plaza - P.D. Bax 3388 COMPANIES AFFORDING COVERAGE Omahas Ne 68183-$388 ...... CODE SUB -CODE MPANY A O NORTHERN 1NSW1NCE CONPANY DF NEW Yom( _ _ ..._.._.,_ ...___._ ._.. ... _.. -__. ,.......... INSURED COMPANY LETTER B T'Y INSURANCE CWPANY OF TEAS HDR ENSINEERINC�, INC. -.... , ,_ _..,,, __.. .__ _.._ 8404COMPAINDIAN HILLS DRIVE ETT RNY C OMAf1A, NE 68114 _.. __.. .... _......__ COMPANY LETTER D w _. _._...... COMPANY E LETTER ;, EiV���1CaE5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _.__..._ ._. ....... TR j TYPE OF INSURANCE POLICY NUMBER 'POLICY EFFECTIVE IPOLICY EXPIRATION DATE (MMIDD/YY) i DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY __.I _,. ,_. ___ A COMMERCIAL GENERAL LIABILITY * EP85910123 „ GENERAL AGGREGATE $ 6-1-89 6-1-90 PRODUCTS-COMP/OPS AGGREGATE ' CLAIMS MADE OCCUR.: $ ---.` L ....._! N%A OWNER'S & CONTRACTOR'S PROT. PERSONAL & ADVERTISING INJURY $ ;NIA J EACH OCCURRENCE $ WA -....._ ___...._. ._,.._.._m _, _ FIRE DAMAGE (Any one fire) $ 50 — -- --• --.-------_---.----__--- .,,, AUTOMOBILE LIABILITY MEDICAL EXPENSE (Any one person) $ 5 --•- , - _ .--._.. .--...-.--- „__ _.., „___.,__ _. .._. __ _.__ -,_ W' ANY AUTO * 7835 Mi COMBINED $ 6-1'-9 6-1—� NIA 1 ALL OWNED AUTOS LIM TLE 5w - — - -, A NIA SCHEDULED AUTOS BODILY INJURY $ ]( i HIRED AUTOS....... person) N/A __......... ]C j NON -OWNED AUTOS BODILY INJURY $ WA NIA GARAGE LIABILITY (Per accident) - .• ..- _ ,.,,. _._ .. , ._ _, _... _ PROPERTY ; $ ,. _......... _. __ m .... DAMAGE N/A EXCESS LIABILITYEACH KRELLA � LM7%143 AGGREGATE G., i.. ;,. EL.A.T. E aCC 6-1-69 CE i f$ on OTHER THAN UMBRELLA FORM B WORKER'S COMPENSATION iC49-98M ITX] STATUTORY 6-1-89 6-1-w AND i EACH ACCIDENT) EMPLOYERS' LIABILITY $ (DISEASE—POLICY LIMIT) OTHER „ '$ 3 _ _. (DISEASE EACH EMPLOYEE) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHIC LES/RESTRICTIONS/SPECIAL ITEMS * ADDITIONAL INSURED: CITY OF LUBICCf( CITY OF LUBM 1625 - 13TH STREET LUBM, TX 79401 ATTN: RITA P. HAR1% ASS'T CITY IGR. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIR)JION DATE THEREOF, THE ISSUING COMPANY WILL F $X= MAIL 3(� DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ��1l�18!@C76�COS~BiS>81X K!KXT8QN3EK=I&KXE9nESEKRU=& AUTHORIZED R NTATIVF