HomeMy WebLinkAboutResolution - 2018-R0364 - Contract 14322 With Parkhill, Smith & Cooper, Inc. - 10/09/2018Resolution No. 2018-RO364
Item No. 6.9
October 9, 2018
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 municipal solid waste
engineering services, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., a
Texas corporation, 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 October 9, 2018
DANIEL M. POPE, MAYOR
ATTEST:
kRa Gal'La. City Sec etary
VED AS TO CONTENT:
Wood ran n. Director of Public Works
APPROVED AS TO FORM:
Ryan ooke, Assistant City Attorney
ccdocs RES.PSA MSW Parkhill, Smith & Cooper, Inc.
9.26.18
Resolution No. 2018-RO364
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement") Contract No. 14322 is entered into
this 9th day of October , 2018, is by and between the City of Lubbock ("City"), a
Texas home rule municipal corporation, and Parkhill, Smith & Cooper, Inc., ("Engineer"), a
Texas corporation.
WITNESSETH
WHEREAS, City desires to contract with the Engineer to provide professional services
for Municipal Solid Waste Engineering Services, ("Activities"); and
WHEREAS, Engineer has a professional staff experienced and is qualified to provide
professional engineering services related to Activities, and will provide the services, as defined
below, for the price provided herein, said price stipulated by City and Engineer to be a fair and
reasonable price; and
WHEREAS, City desires to contract with Engineer to provide professional services related
to the Activities, and Engineer desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set
forth in this Agreement, City and Engineer hereby agree as follows:
ARTICLE I. TERM
The term of this Agreement commences on the Effective Date and continues without interruption
for a term of one (1) year. The City retains the option of expanding the Term by entering into up
to four (4) additional one (1) year extensions of the Term. If Engineer determines that additional
time is required to complete Services, Division Director of Public Works, may, but is not obligated
to, in his or her discretion, 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
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resulting in an increase in the amount of the consideration must be approved by City acting through
its governing body.
ARTICLE II. SERVICES AND COMPENSATION
A. Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit
"A," attached hereto (the "Services").
B. Engineer shall receive as consideration to be paid for the performance of Services, in an
amount not to exceed $1,012,850.00, subject to an annual adjustment up to the cost of living for
Lubbock, Texas published by the Bureau of Labor and Statistics Table 9, for providing municipal
solid waste engineering services required by the City of Lubbock, as set forth in Exhibits "A" and
"B," for the term as described in Article I.
ARTICLE III. TERMINATION
A. General. City may terminate this Agreement, for any reason or convenience, upon thirty
(30) days written notice to the Engineer. In the event this Agreement is so terminated, City shall
only pay Engineer for services actually performed by Engineer up to the date Engineer is deemed
to have received notice of termination, as provided herein.
B. Termination and Remedies. In the event Engineer breaches any term and/or provision
of this Agreement, City shall be entitled to exercise any right or remedy available to it by this
Agreement, at law, equity, or otherwise, including without limitation, termination of this
Agreement and assertion of an action for damages and/or injunctive relief. Exercise of any right
or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all
rights and remedies shall be cumulative.
ARTICLE IV. NON - ARBITRATION
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, City shall not be subject to any arbitration process prior
to exercising its unrestricted right to seek judicial remedy. Remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
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between this provision and another provision in, or related to, this Agreement, this provision shall
control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. Engineer is a corporation duly organized, validly existing, and in good
standing under the laws of the State of Texas and is qualified to carry on its business in the State
of Texas.
B. Corporate Power. Engineer has corporate power to enter into and perform this
Agreement and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Agreement and activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action
on the part of Engineer. This Agreement constitutes legal, valid, and binding obligations of
Engineer and is enforceable in accordance with the terms thereof.
D. Engineer. Engineer maintains a professional staff and employs, as needed, other
qualified specialists experienced in providing Services, and is familiar with all laws, rules, and
regulations, both state and federal, including, without limitation applicable laws, regarding
Activities contemplated hereby.
E. Performance. Engineer will and shall conduct all activities contemplated by this
Agreement in accordance with the standard of care, skill and diligence normally provided by a
professional person in performance of similar professional services, and comply with all
applicable laws, rules, and regulations, both state and federal, relating to professional services, as
contemplated hereby.
F. Use of Copyrighted Material. Engineer warrants any materials provided by Engineer for
use by City pursuant to this Agreement shall not contain any proprietary material owned by any
other party protected under the Copyright Act or any other law, statute, rule, order, regulation,
ordinance or contractual obligation relating to the use or reproduction of materials. Engineer shall
be solely responsible for ensuring that any materials provided by Engineer pursuant to this
Agreement satisfy this requirement and Engineer agrees to indemnify and hold City harmless from
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all liability or loss caused to City or to which City is exposed on account of Engineer's failure to
perform this duty.
ARTICLE VI. SCOPE OF WORK
Engineer shall accomplish the following: Professional Services related to Services, as
provided in Exhibit "A," attached hereto and made a part hereof.
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
Engineer and City agree Engineer shall perform the duties under this Agreement as an
independent contractor and shall be considered as independent contractor under this Agreement
and/or in activities hereunder for all purposes. Engineer has sole discretion to determine the
manner in which Services are performed. During performance of Services under this Agreement,
Engineer and Engineer's employees and/or sub -consultants, will not be considered, for any
purpose, employees or agents of City within the meaning or the application of any federal, state or
local law or regulation, including without limitation, laws, rules or regulations regarding or related
to unemployment insurance, old age benefits, workers compensation, labor, personal injury or
taxes of any kind.
ARTICLE VIII. INSURANCE
Engineer shall procure and carry, at its sole cost and expense through the life of this
Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in
form and substance satisfactory to City, carried with an insurance company authorized to transact
business in the state of Texas, covering all aspects and risks of loss of all operations in connection
with this Agreement, including without limitation, the indemnity obligations set forth herein.
Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and
shall cause each approved subcontractor or sub -consultant of Engineer to obtain and maintain in
full force and effect during the term of this Agreement, commercial general liability, professional
liability and automobile liability coverage for non -owned and hired vehicles with insurance
carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's
Rating of A-VII or better. Except for Professional Liability, the policies will be written on an
occurrence basis, subject to the following minimum limits of liability:
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Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability:
Combined Single Limit: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
Engineer shall further cause any approved subcontractor or sub -consultant to procure and
carry, during the term of this Agreement, the insurance coverage required of Engineer herein,
including without limitation, Professional Liability coverage, protecting City against losses caused
by the professional negligence of the approved subcontractor or sub -consultant. City shall be listed
as a primary and noncontributory additional insured with respect to the Automobile Liability and
Commercial General Liability and shall be granted a waiver of subrogation under those policies.
Engineer shall provide a Certificate of Insurance to the City as evidence of coverage.
The Certificate shall provide 30 days' notice of cancellation. A copy of the additional
insured endorsement and waiver of subrogation attached to the policy shall 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. Engineer may maintain Occupational Accident
and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be
endorsed to include a waiver of subrogation in favor of the City. 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.
Notwithstanding anything contained herein to the contrary, the professional liability policy
shall be maintained at Engineer's sole cost and expense. The retroactive date shall be no later than
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the commencement of the performance of this Agreement and the discovery period (possibly
through tail coverage) shall be no less than ten (10) years after the completion of the Services
provided for in this Agreement. The provisions of this Article VIII shall survive the termination
or expiration of this Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
Engineer may employ or retain consultants, contractors, or third parties (any of which are
referred to herein as "subconsultant"), to perform certain duties of Engineer, as set forth on
Exhibit "A," attached hereto, under this Agreement, provided that the City approves the retaining
of subconsultants. Engineer is at all times responsible to the City to perform the Services as
provided in this Agreement and Engineer is in no event relieved of any obligation under this
Agreement upon retainage of any approved subconsultant. Any agent and/or subconsultant
retained and/or employed by Engineer shall be required by Engineer to carry, for the protection
and benefit of City and Engineer and naming said third parties as additional insureds, insurance as
described above required to be carried by Engineer in this Agreement.
Engineer represents that such services are either under applicable value thresholds or are
otherwise exempt from notice and/or bid requirements under Texas Law.
ARTICLE X. CONFIDENTIALITY
Engineer shall retain all information received from or concerning City and City's business
in strictest confidence and shall not reveal such information to third parties without prior written
consent of City, unless otherwise required by law.
ARTICLE XI. INDEMNITY
ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK
AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL
SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND,
CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS,
AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO
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ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR
PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY,
THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR
SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR
OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY
OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL
SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations relating, in any way, manner or form, to the activities under this Agreement,
and any amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from Engineer to City or City to Engineer is required or
permitted by this Agreement and no other method of notice is provided, such notice shall be given
by (1) actual delivery of the written notice to the other party by hand (in which case such notice
shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon
delivery); or (3) by depositing the written notice in the United States mail, properly addressed to
the other party at the address provided in this article, registered or certified mail, return receipt
requested, in which case such notice shall be effective on the third business day after such notice
is so deposited.
B. Engineer's Address. Engineer's address and numbers for the purposes of notice are:
PARKHILL, SMITH & COOPER, INC.
ROBERT H. (HOLLY) HOLDER, P.E.
4222 85`" Street
Lubbock Texas 79423
Phone: 806.473.3526
Facsimile: 806.473.3500
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C. City's Address. City's address and numbers for the purposes of notice are:
L. WOOD FRANKLIN, P.E.
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Phone: 806-775-2343
D. Change of Address. Either party may change address or numbers for purposes of notice
by giving written notice to the other party as provided herein, referring specifically to this
Agreement, and setting forth such new address or numbers. Address or numbers shall become
effective on the 151" day after such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES
Provision of Data. City shall furnish Engineer non -confidential studies, reports and other
available data in the possession of City pertinent to Engineer's Services, so long as the City is
entitled to rely on such studies, reports and other data for the performance of Engineer's Services
under this Agreement ("Provided Data"). Engineer shall be entitled to use and rely, so long as such
reliance is reasonable, upon all such Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. Captions for articles and sections in this Agreement are inserted in this
Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and
shall not be given any effect in construing this Agreement.
B. Audit. Engineer shall provide access to its corporate books and records to City. City
may audit, at its expense and during normal business hours, Engineer's books and records with
respect to this Agreement between Engineer and City.
C. Records. Engineer shall maintain records necessary to substantiate services provided by
Engineer.
of City.
D. Assignability. Engineer may not assign this Agreement without prior written approval
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E. Successor and Assigns. This Agreement binds and inures to the benefit of City and
Engineer, and in the case of City, its respective successors, legal representatives, and assigns, and
in the case of Engineer, its permitted successors and assigns.
F. Construction and Venue.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN
LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY
CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE
COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF
LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED
HEREBY.
G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective
by any court of competent jurisdiction with respect to any person or circumstance, the remainder
of this Agreement and the application of such provision to persons and/or circumstances other than
those with respect to which it is held invalid or ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Agreement
shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent
to this Agreement, and duly authorized and executed by the Engineer and the City.
I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto,
contains the entire agreement between the City and the Engineer, and there are no other written or
oral promises, conditions, warranties, or representations relating to or affecting the matters
contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture,
joint enterprise, partnership or principal — agent relationship between Engineer and City.
K. Documents Owned by City. Any and all documents, drawings and specifications
prepared by Engineer as part of the Services hereunder, shall become the property of City when
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Engineer has been compensated as set forth in Article II, above. Engineer shall make copies of any
and all work products for its files.
L. Notice of Waiver. A waiver by either City or Engineer of a breach of this Agreement
must be in writing and duly authorized 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.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any
rights or benefits whatsoever to any party other than City and Engineer.
N. Non -Appropriation. All funds for payment by City under this Agreement are subject to
the availability of an annual appropriation for this purpose by City. In the event of non -
appropriation of funds by the City Council of the City of Lubbock for the services provided under
the Agreement, City will terminate the Agreement, without termination charge or other liability,
on the last day of the then -current fiscal year or when the appropriation made for the then -current
year for the services covered by this Agreement is spent, whichever event occurs first ("Non -
Appropriation Date"). If at any time funds are not appropriated for the continuance of this
Agreement, cancellation shall be accepted by Engineer on thirty (30) days prior written notice, but
failure to give such notice shall be of no effect and City shall not be obligated under this Agreement
beyond the Non -Appropriation Date.
O. No Boycott of Israel. Engineer warrants that it complies with Chapter 2270, Subtitle F,
Title 10 of the Texas Government Code by verifying that:
(1) Engineer does not boycott Israel; and
(2) Engineer will not boycott Israel during the term of the Agreement.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
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EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
L. Wo/d Fjafiklin, Division Director of Public Works
APPROVED AS TO FORM:
4Z , -.: �Z'-�
R oke, Assistant City Attorney
DANIEL M. POPE, MAYOR
PARKHILL, SMITH & COOPER, INC.
'•. • .1p, Elf -
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EXHIBIT A
SCOPE OF SERVICES
TASK 1 - OPERATING BUDGET/ENVIRONMENTAL EXPENSES ANNUALLY FOR
THE TERM OF THE CONTRACT
These projects will be billed on hourly rates with reimbursables and maximum not -to -exceed for
a period of five years, as indicated herein:
Subtask 1.1 - GROUNDWATER MONITORING
Groundwater monitoring will continue at the City's landfills until the site completes the
post -closure care period. Engineer will perform the following services for groundwater
monitoring at Caliche Canyon and WTRDF:
o Coordinate with City's laboratory testing consultant of samples for associated
constituents;
o Compile and submit electronic files to TCEQ;
o Perform statistical analysis of testing results;
o Prepare and submit analytical reports to TCEQ; and
o Create background database update report.
Subtask 1.1 Proposed Fee (hourly w/ max)...................................$32,000*
subject to an annual adjustment up to the cost of living,for Lubbock, Texas published by the
Bureau of Labor and Statistics Table 9
Subtask 1.2 - GREENHOUSE GAS REPORTS
As part of the EPA's Greenhouse Gas (GHG) reporting rule, the City's landfills are subject
to annual GHG emissions reporting. Our fee is based on the following Scope of Services:
o Process waste acceptance data from previous year;
o Perform emission calculations;
o Generate draft GHG report;
o Review draft report with City staff,
o Incorporate comments from City staff,
o Submit final GHG report to EPA; and
o Prepare report documentation for recordkeeping.
• Subtask 1.2 Proposed Fee (hourly w/ max)...............................................................$3,000*
subject to an annual adjustment tip to the cost of living_for Lubbock, Texas published by the
Bureau of Labor and Statistics Table 9
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Subtask 1.3 - TCEQ ANNUAL REPORTS AND VOLUME STATUS REPORTS
The annual volume report required by TCEQ is to be prepared and submitted following
the end of the state's fiscal year. Engineer will retain services of a surveying firm to
perform a topographic/photogrammetric survey of active portions of your landfills. Upon
receipt of survey data, Engineer will analyze the previous year's waste data and determine
compaction rates, waste acceptance rates, and life projections of currently active cells. Fee
is based on the following scope of services:
o ENGINEER to perform topographic/ photogrammetric survey of active portions;
o Determine waste volume in place from previous operating year;
o Calculate compaction and waste acceptance rates;
o Determine projected life of active cells;
o Prepare summary of data for use by City staff,
o Complete TCEQ annual report form; and
o Submit annual report form to TCEQ.
• Subtask 1.3 Proposed Fee (hourly w/ max).........................................................$9,600*
subject to an annual adjustment up to the cost of living.for Lubbock, Texas published by
the Bureau of Labor and Statistics Table 9
Subtask 1.4 — NON -METHANE ORGANIC COMPOUNDS (NMOC) ANNUAL REPORTS
To remain in compliance with air permits, NMOC calculations will be updated annually.
Both landfills will have NMOC reports prepared based on the following Scope of Services:
o Process waste acceptance data from previous year;
o Perform emission calculations;
o Generate draft NMOC report;
o Review draft report with City staff,
o Incorporate comments from City staff; and
o Prepare report documentation for recordkeeping.
• Subtask 1.4 Proposed Fee (hourly w/ max).........................................................$2,000*
subject to an annual adjustment up to the cost of living for Lubbock, Texas published by
the Bureau of Labor and Statistics Table 9
Subtask 1.5 - FLARE MAINTENANCE
Maintenance of flare systems at Caliche Canyon and Kings Park is on -going. We will
coordinate with John Zink, Inc. semi-annually to inspect both flare systems.
• Subtask 1.5 Proposed Fee (hourly w/ max).........................................................$13,640*
subject to an annual adjustment up to the cost of living for Lubbock, Texas published by
the Bureau of Labor and Statistics Table 9
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Subtask 1.6 - NMOC TIER II TESTING
To remain in compliance with state and federal regulations, NMOC Tier II testing must be
completed in the calendar year 2023 at both landfills. At WTRDF, no more than 50 landfill
gas samples will be taken and analyzed by an air testing laboratory. At Caliche Canyon,
samples may be collected from the gas collection system. ENGINEER will review results
of the analysis and calculate updated NMOC emissions rates. Fee is based on the following
Scope of Services:
o Perform field survey to locate sample locations;
o Collect landfill gas samples as required based on the landfill;
o Analyze gas samples for required compounds;
o Perform NMOC emission calculations;
o Prepare NMOC report for review by City staff; and
o Submit necessary documentation to regulatory agencies.
• Subtask 1.6 Proposed Fee (hourly w/ max).........................................................$16,000*
subject to an annual adjustment up to the cost of living for Lubbock, Texas published by
the Bureau of Labor and Statistics Table 9
Subtask 1.7 — CALICHE CANYON SOIL VAPOR EXTRACTION (SVE) STUDY
Continue monitoring and reporting to TCEQ the status of the SVE program on going at
Caliche Canyon. Monitor data obtained from ground water samplings and provide
recommendations to City for implementation of future improvements. Fees for possible
TCEQ permit modifications or actual construction projects are not included but will be
negotiated once final course of action is approved by TCEQ. Fee is based on the following
Scope of Services:
o Collect water samples on both City and neighboring private landfill as needed;
o Analyze water results following each sampling event;
o Provide recommendations to TCEQ and submit reports as required;
o Review all results with City staff, and
o Submit necessary documentation to regulatory agencies.
Subtask 1.7 Proposed Fee (hourly w/ max).........................................................$12,000*
subject to an annual adjustment up to the cost of living.for Lubbock, Texas published by
the Bureau of Labor and Statistics Table 9
END OF TASK 1 SERVICES
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TASK 2 - MSW OPERATIONAL OPTIMIZATION STUDY
Subtask 2.1 - FINANCIAL REVIEW AND SOLID WASTE COST OF SERVICE STUDY
Review goal is to conduct a comprehensive cost of service analysis for City solid waste
utility. This cost of service analysis will identify capital and operating and maintenance
costs for each of the specific solid waste services (service categories, etc.) provided by the
City of Lubbock. These services include but not be limited to landfill operations,
residential solid waste collection, commercial solid waste collection, recycling drop-offs,
etc. The cost of service study will complete the following key elements:
o Determination of a "test -year" revenue requirement (most likely utilizing the FY
2019 budget as a starting point);
o Forecast for a five-year revenue requirement (FY 2019 — 2023);
o Determine realizable revenue at current rates for the solid waste utility over the
five-year forecasted period;
o Directly assign/allocate all costs (capital and operating) to each specific service
category;
o Further allocate all costs to customer classes, as applicable;
o Determine cost of service for each solid waste service category; and
o Provide any recommended rate changes as necessary.
Upon completion of this task, we will issue a draft report for review by City staff. Upon
receipt of their input, we would issue a final report then provide a presentation to City
Council. Upon completion of the cost of service study, the City will have an analysis that
fully incorporates all projected capital improvements during the five-year forecast period
and any recommended changes in solid waste utility rate structure and/or policies to ensure
financial integrity of the utility. Finally, this analysis will incorporate any proposed
operational savings (landfill and/or collection related), impact upon overall solid waste
utility, and need for any rate increases.
• Subtask 2.1 Proposed Fee (lump sum)....................................................$37,500
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Subtask 2.2 — OPERATIONAL REVIEW OF RESIDENTIAL COLLECTION SERVICES
ENGINEER and SUBCONSULTANT will review the residential collection operation.
Collection review will address residential refuse and drop-off recycling. Individual
assessments of each collection operation will be provided. It is envisioned that depending
on number of routes to observe. ENGINEER and/or SUBCONSULTANT will "ride
along" and observe four to six residential routes.
Issues to address during the program review include:
o Routing process. Daily work schedules.
o Utilization of operational reports (daily driver logs, etc.).
o Staffing, including use of overtime and temporary personnel.
o Vehicle inventory, inspection, maintenance and replacement.
o Disposal process.
o Utilization of personnel and equipment, including:
- Collection efficiency (number of houses collected per route for residential
collection, etc.).
- On -route collection practices.
- Non -collection time (travel, down time, breaks, etc.).
Specific to recycling and green waste collection programs, we will also address:
o Participation rates;
o Diversion rates; and
o Public education.
Upon completion of this task, we will issue a draft report for review by City staff. Upon
receipt of their input, we will issue a final report then provide a presentation to City
Council.
• Subtask 2.2 Proposed Fee (lump sum)....................................................$35,000
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Subtask 2.3 — RESIDENTIAL ROUTE ANALYSIS
Building upon data gathered during Task 2.2 and "ride along" sessions, ENGINEER will
work with City to balance existing routes and potentially reroute residential collection
services. If the City has general roadway GIS data available, ENGINEER will work with
the City to develop a GIS network -based model. The model will be based on available
street network centerline file and existing attribute information (length of street segment,
etc.), added to the street network. A GIS tool (ESRI ArcGISTM Network AnalystTM) will
be used to evaluate collection routes. A model of existing routes/locations will be
generated to validate the model against known route completion times and provide a
baseline for comparison to alternative route scenarios. Using the GIS network routing
model, ENGINEER will identify alternative routes. ENGINEER will evaluate size and
distribution of current service areas. Using Network Analyst, ENGINEER will estimate
size and shape of service area best covered by each residential collection vehicle. The
deliverable will be a map of revised residential collection routes under the proposed
configuration for comparison with an overlay of current City routes.
o Review and evaluate Automatic Vehicle Location (AVL) and CDL pre and post
trip vehicle check
• Subtask 2.3 Proposed Fee (lump sum)....................................................$47,500
Subtask 2.4 - LANDFILL REVIEW
We will analyze various aspects of landfill operation to determine operation efficiency and
compare to other municipally -operated landfills:
o Scalehouse operations and processing incoming and outgoing vehicles;
o Management of vehicle traffic on landfill face;
o Waste compaction, working face operations, and daily cover practices;
o Litter control and grounds keeping;
o Adequacy and maintenance of landfill equipment; and
o Organizational structure and staffing levels, including productive work and break
times.
• Subtask 2.4 Proposed Fee (lump sum)....................................................$25,100
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Subtask 2.5 - FRANCHISE AND COMMERCIAL SERVICES ANALYSIS
We understand commercial refuse collection in the City is provided openly and
competitively. Under this scenario, there is no financial compensation to the City for
granting rights to provide commercial refuse collection over and across City infrastructure.
As another revenue enhancement opportunity for the City, we will estimate amount of
revenue the City may generate if implementing commercial collection franchise fees.
• Subtask 2.5 Proposed Fee (lump sum)......................................................$8,400
END OF TASK 2 SERVICES
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TASK 3 — 2014 TRANSFER STATION STUDY UPDATE
In July 2014, PSC performed a condensed transfer station analysis to determine approximate
capital construction and operational costs for City -operated transfer station. The location was
based on two separate sites, one at the Caliche Canyon Landfill and the other at City -owned
property located at 841h Street and Avenue P. The evaluation was to determine costs and compare
cumulative costs and benefits for each site over 20 years.
This task will re-evaluate those findings based on more current costs but go a step further and
locate a more optimal location based on City growth in addition to operational costs. We anticipate
three sites will be evaluated and operational costs examined to load and transport waste to
WTRDF. The steps are outlined herein:
Subtask 3.1 - EXISTING TRANSFER STATION STUDY UPDATE
ENGINEER will review the original site layout and compare to newer industry standards
to decide if any site revisions are required from the original 2014 study. PSC will also
provide the City with a list of operation cost items necessary to perform the analysis
including but not limited to current collection truck maintenance, employee salary and
benefits, number of trucks, etc. This data will help determine basic operation costs of a
transfer station located within City limits. PSC will provide a complete list of City cost
line items at the beginning of the study. Cost metrics will be evaluated, and an approximate
payback time period determined.
• Subtask 3.1 Proposed Fee (lump sum)....................................................$18,850
Subtask 3.2 - TRANSFER STATION SITE EVALUATIONS
A screening of the three proposed transfer station sites will be evaluated to project the
optimum location for transfer station location. This screening will include site visits to
evaluate based upon:
3.2.1 - PHYSICAL CHARACTERISTICS:
• Topography;
• Geology;
• Soil quality and quantity;
• Groundwater conditions;
• Disposal capacity; and
• Surface water drainage.
• Additional land for Public Works equipment and material storage
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3.2.2 - REGULATORY REQUIREMENTS:
• Siting;
• Construction;
• Operation and maintenance (O&M); and
• Utilities.
3.2.3 — TRANSPORTATION:
• Distance to WTRDF;
• Access - road conditions, loading capacity, and clearances;
• Existing vehicle traffic; and
• Hauling costs
3.2.4 - LAND USE AND PUBLIC POLICY:
• Unique environments (threatened/endangered species, cultural resources, etc.);
and
• Residential area development — existing individual land assignments.
ENGINEER will provide, as applicable, estimated capital and amortized costs, O&M
criteria/costs, transport costs and disposal fees, special operator training/certification, and
future monitoring needs. This subtask will include a discussion regarding potential
development of user fees to support operation and how to implement.
• Subtask 3.2 Proposed Fee (lump sum)....................................................$34,300
END OF TASK 3 SERVICES
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TASK 4 — MISCELLANEOUS ENGINEERING SERVICES
During the term of this Contract, other services, (permitting or capital projects), may be identified
by the City that are not part of this current scope. The City may request a scope and fee from the
Engineer to provide necessary professional services as needed. Work will be a lump sum or hourly
rate plus reimbursable as mutually agreed.
This covers, but is not limited to, engineering services associated with both operating landfills and
the gas system operated at 781h & Orlando. Also includes developing stormwater pollution
prevention plans (SWPPP), financial assurance calculations, interim status and annual volume
reports, and other air and General Operating Permit (GOP) calculations. ENGINEER will also
provide any additional operational or compliance engineering tasks as requested by City to
maintain regulatory compliance.
Payment for services rendered under this section will be in accordance with billing rates shown on
Exhibit B - Hourly Rate Schedule, attached hereto. These rates are effective through
December 31, 2019 and may be updated each calendar year after that date, effective the following
January 1.
Task 4 Proposed Fee (annual hourly rate) .................................max annually $75,000*
subject to an annual adjustment up to the cost of living for Lubbock, Texas published by
the Bureau of Labor and Statistics Table 9
END OF TASK 4 SERVICES
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SCOPE OF SERVICES SUMMARY
TASK 1 - OPERATING BUDGET/ENVIRONMENTAL EXPENSES FOR FIVE YEARS
• Subtask 1.1 Proposed Fee (hourly w/ max)............................................$32,000
• Subtask 1.2 Proposed Fee (hourly w/ max)..............................................$3,000
• Subtask 1.3 Proposed Fee (hourly w/ max)..............................................$9,600
• Subtask 1.4 Proposed Fee (hourly w/ max)..............................................$2,000
• Subtask 1.5 Proposed Fee (hourly w/max)...................................$13,640
• Subtask 1.6 Proposed Fee (hourly w/ max)............................................$16,000
• Subtask 1.7 Proposed Fee (hourly w/ max)............................................$12,000
• TASK 1 TOTAL.............................................................................................$88,240*
subject to an annual adjustment tip to the cost of living for Lubbock, Texas published
by the Bureau of Labor and Statistics Table 9
TASK 2 - MSW OPERATIONAL OPTIMIZATION STUDY
• Subtask 2.1 Proposed Fee (lump sum) .........................
• Subtask 2.2 Proposed Fee (lump sum) .........................
• Subtask 2.3 Proposed Fee (lump sum) .........................
• Subtask 2.4 Proposed Fee (lump sum) .........................
• Subtask 2.5 Proposed Fee (lump sum) .........................
• TASK 2 TOTAL ....................................................
TASK 3 — 2014 TRANSFER STATION STUDY UPDATE
.........................$37,500
......................... $3 5,000
......................... $47, 5 00
.........................$25,100
........................... $ 8,400
.......................................$153,500
• Subtask 3.1 Proposed Fee (lump sum)....................................................$18,850
• Subtask 3.2 Proposed Fee (lump sum)....................................................$34,300
• TASK 3 TOTAL.................................................................................................$43,150
TASK 4 — MISCELLANEOUS ENGINEERING SERVICES
• Task 4 Proposed Fee (annual hourly rate) .....................max annually $75,000*
subject to an annual adjustment up to the cost of living for Lubbock, Texas published by
the Bureau of Labor and Statistics Table 9
• TASK 4 TOTAL.............................................................. max over five years $375,000
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Parkhill, Smith & Cooper, Inc.
EXHIBIT B
Hourly Rate Schedule
Current through December 31, 2019
Client:City of Lubbock
Project:MSW Engineering Services
Agreement Date:TBD
Location: Lubbock, Texas
CLASSIFICATION
HOURLY
CLASSIFICATION HOURLY
CLASSIFICATION
HOURLY
RATE
RATE
RATE
SUPPORT STAFF 1
$52.00
PROFESSIONAL LEVEL II
PROFESSIONAL LEVEL V
Engineering Student
Mechanical & Electrical $115.00
Mechanical & Electrical
$198.00
Design Student
Civil & Structural $114.00
Civil & Structural
$194.00
Landscape Architect Student
Architect $110.00
Architect
$181.00
Interior Design Student
Architect Intern
Senior Architect
Landscape &Interior $102.00
Landscape &Interior
$149.00
Design Intern Landscape
Project Manager
SUPPORT STAFF II
$89.00
Architect Intern
Senior Landscape Architect
Engineering Technician
Technologist
Senior Interior Designer
Engineering Student
Resident Project Representative
Resident Project
Design Technician
Clerical Supervisor
CADD
Survey Technician
PROFESSIONAL LEVEL VI
Administrative Assistant
PROFESSIONAL LEVEL III
Mechanical & Electrical
$224.00
Project Assistant
Mechanical & Electrical $137.00
Civil & Structural
$215.00
Word Processor
Civil & Structural $134.00
Architect
$203.00
File Specialist
Architect $125.00
Landscape & Interior
$180.00
Architect Intern
Studio Leader
Landscape & Interior $112.00
Senior Project Manager
SUPPORT STAFF III
$98.00
Interior Design Intern
Senior Practice Leader
EngineeringTechnician
Landscape Architect Intern
Surveyor
Design Technician
Technologist
CADD
Resident Project Representative
Administrative Assistant
PROFESSIONAL LEVEL VII
Project Assistant
Mechanical & Electrical
$241.00
PROFESSIONAL LEVEL IV
Civil & Structural
$235.00
PROFESSIONAL LEVEL
Mechanical & Electrical $162.00
Architect
$225.00
Mechanical & Electrical
$101.00
Civil & Structural $159.00
Landscape & Interior
$202.00
Civil & Structural
$101.00
Architect $148.00
Operations Director
Architect
$101.00
Professional Architect
Sector Director
Architect Intern
Project Architect
Landscape &Interior
$97.00
Landscape &Interior $123.00
Interior Design Intern
Professional Landscape Architect
Landscape Architect Intern
Professional Interior Designer
Planner
Project Landscape Architect
Surveyor
Project Interior Designer
Technologist
Technologist
Resident Project Representative
Resident Project Representative
Expenses: Reimbursement for expenses as listed, but not limited to, incurred in connection with services, will be at cost plus 15 percent for items such as:
1. Maps, photographs, postage, phone, reproductions, printing, equipment rental, and special supplies related to the services.
2. Consultants, soils engineers, surveyors, contractors, and other outside services.
3. Rented vehicles, local public transportation and taxis, road toll fees, travel, and subsistence.
4. Special or job -specific fees, insurance, permits, and licenses applicable to work services.
S. Mileage at IRS -approved rate.
Rate for professional staff for legal proceedings or as expert witnesses will be a rate one -and -a -half times these Hourly Rates. Excise and gross receipt taxes,
if any, will be added as an expense.
Foregoing Schedule of Charges is incorporated into the Agreement for Services provided, effective now through December 31, 2019. After December 31, 2019, invoices will reflect the
Schedule of Charges currently in effect. subject to an annual adjustment LIP to the cost of living for Lubbock, Texas published by the Bureau of Labor and Statistics Table 9
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