Loading...
HomeMy WebLinkAboutResolution - 2021-R0285 - Solid Waste Transfer Station Contract 15866 with ParkhillResolution No. 2021-R0285 Item No. 6.7 August 10, 2021 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 (Contract No. 15866) for engineering services in connection with the Solid Waste Transfer Station, by and between the City of Lubbock and Parkhill, Inc., a Texas corporation, and all related documents. Said Professional Services Agreement is attached hereto and incorporated into this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on August 10, 2021 DANIEL M. POPE, MAYOR ATTEST: R— R-e-bec4Garza, City Secr tar APPROVED AS TO CONTENT: - � �- �- . � e, �"� � ends Haney, P.E., Director M Waste APPR-GVF,D AS1TO FORM: Assistant City Attorney Resolution No. 2021-R0285 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 15866 is entered into this IOth day of August 2021, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Parkhill, (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Solid Waste Transfer Station, (the "Activities"); and WHEREAS, the 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 the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the 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, the City and the 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 400 days. If the Engineer determines that additional time is required to complete the Services, the City Engineer, 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 resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 11 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services") B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $[value), as set forth in Exhibit `B". ARTICLE III. TERMINATION A. General. The 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, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the 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. The 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 The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The 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. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 11 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The 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. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is 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. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the 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 its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. Page 3 of 11 ARTICLE VIII. INSURANCE The 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 the 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. The 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 the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The 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 the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The 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. The 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. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Page 4 of 11 Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the 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 the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 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 CONSULTANT'S The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), 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 Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The 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 The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. Page 5 of 11 ARTICLE XI. INDEMNITY THE 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 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 The 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 the Engineer to the City or the City to the 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. The Engineer's address and numbers for the purposes of notice are: Parkhill Robert H. (Holly) Holder, P.E. Environmental Sector Director 4222 85" Street Lubbock, Texas 79423 Telephone: 806.473.3526 Email: hholder@parkhill.com Page 6 of 11 C. City's Address. The City's address and numbers for the purposes of notice are: Brenda A. Haney, P.E. Director of Solid Waste City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Email: brendahaney@mylubbock.us Telephone: 806..775.2335 D. Change of Address. Either party may change its 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. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The 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. The captions for the 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. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. Page 7 of 11 E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the 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 the Engineer and the 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 the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the 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 Page 8 of 11 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 the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the 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, the 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 (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract Page 9 of 11 that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: QAg�t �Jlc_ Reb c Garza, City Secr a APPROVED AS TO CONTENT: City Departmen d ~4 APPROVED AS TO FORM: f:�;'- )xi it Sat hite, F1 Assistant City Attorney xe_'--jV DANIEL M. POPE, MAYOR Firm Parkhill By: iw)r'14t'z" Robert H. ( y Environmenta ector irector Page 10 of 11 Texas Government Code Subtitle F, Title 10, Chapter 2271 I, Robert Holly Holder (Person name), the undersigned representative of PARKHILL (hereafter referred to as company) Pursuant to Section 2271.002, applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. Verify that the company named -above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2271: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above -named Company, business or individual with the City of Lubbock acting by and through City of Lubbock. a, 5 .2 0,2 t Date U Authorized iffe Page 11 of 11 Exhibit A - Services Parkhill July 27, 2021 Ms. Brenda Haney, PE Director of Solid Waste City of Lubbock 1314 Avenue K Lubbock, TX 79401 Re: Lubbock Transfer Station Proposed Fee and Scope of Services Dear Ms. Haney: Our proposed scope of services is attached to this letter and outlines what we believe to be the services required to assist you achieve your goal of operating a solid waste transfer station. In summary, we will be evaluating three potential sites and then preparing and obtaining a Texas Commission on Environmental Quality (TCEQ) operating permit followed by all professional services to assist in plan preparation, bidding and construction phase administration and onsite observation. The phases are outlined below with a more detailed scope of each in the following attachment. The project will be developed in three Phases. Phase I will be the project site location and architectural building programming. Phase II will consist of all work necessary to prepare a TCEQ permit, have it evaluated and then submitted to TCEQ for review. Costs for responding to TCEQ will be determined following receipt of their comments and subsequently approved by City of Lubbock. These two phases are scheduled to begin in fiscal year 2021 extending through fiscal year 2022, concluding in fiscal year 2023. Phase III will begin in late fiscal year 2022 and will continue through fiscal year 2023. Costs for Phase III will be developed during Phase I architectural programming and submitted at the conclusion of Phase I. The three phases are discussed in more detail below. Phase I will consist of two primary tasks, 1 and 2. Task 1 will evaluate three different site options and provide the city with a recommended development plan for each site. Task 2 will consist of an architectural programming effort to define the building needs and size along with elevations sketches. At the conclusion of Phase I, and with an acquired site, the project will proceed to Phase ll. Phase II has three tasks (3, 4, and 5), with Task 3 developing the necessary documentation to obtain a TCEQ Type V Operating Permit. Task 4 will involve a third -parry review by a City of Lubbock approved legal team that specializes in TCEQ permits as a subconsultant to Parkhill. Task 5, covers potential public meetings and potential contested case hearings with TCEQ. Fees for Phase I, Task 1 Site Evaluations and Task 2 Architectural Programming, as well as Phase II, Task 3 Permitting have been prepared and submitted with this letter. Fees for Tasks 4 and 5 will be developed at the conclusion of Task 3 and are therefore not provided at this time. Phase III consists of architectural / engineering plans and specifications development and continues through construction. Fees for Phase III professional services including design, bid and construction phase services (Tasks 6, 7 and 8) will be developed during the Architectural Programming Phase I, Task 2. PHASE I — SITE EVALUATION, ARCHITECTURAL PROGRAMMING TASK 1— EVALUATION OF THREE SITES SUBTASK 1A — EXISITING TRAFFIC OVERVIEW SUBTASK 1B— ARCHAEOLOGICAL AND ENVIRONMENTAL SERVICES TASK 2 — ARCHITECTURAL BUILDING PROGRAMMING PHASE II — PERMITTING TASK 3 — TCEQ TYPE V PERMIT TASK 4 — LEGAL CONSULTANT REVIEW OF PERMIT AND POSSIBLE REVISIONS Page 1 of 9 \Watattprojects\PENDING PROJECTS\Civil Pursuing_PendingtEnvironmental_PPOtENVl.03t5552 Lubbock Solid Waste Transfer StabonX04_PRCMNT\00 PASS\LubbockTS Scope and Fee Proposal.docx 4222 85th Street Lubbock, Texas 79423 806.473.2200 Parkhill.com Ms. Brenda Haney, PE July 27, 2021 City of Lubbock TASK 5 — TCEQ REVIEW RESPONSE AND PUBLIC MEETING SUBTASK 5A — CONTESTED CASE HEARING PHASE III — PROFESSIONAL DESIGN AND CONSTRUCTION PHASE SERVICES TASK 6 — ARCHITECTURAL AND ENGINEERING PLANS & SPECIFICATIONS TASK 7 — BIDDING AND CONSTRUCTION CONTRACT AWARD TASK 8 — CONSTRUCTION PHASE Fees for the proposed tasks are as follows. Note that we have divided this up into fiscal years as a starting point. These may slide one way or another in order to suit your budgeting criteria. PHASE TASK DESCRIPTION FEE DAYS Fiscal Year 2021 (carry over into FY 2022) $129,233 1 Evaluation of Three Sites $73,435 I 1A Existing Traffic Overview $8,625 100 1 B Archaeological and Environmental Services $8,050 2 Architectural Building Programming $39,123 Fiscal Year 2022 (carry over into FY 2023) $351,300 TCEQ Type V Permitting & Surveying Part 1 — Engineering $35,526 Part 2 — Engineering $97,889 Part 2A — Surveying $28,750 300 3 Part 2B — Traffic Study $17,250 II Part 2C - Environmental $30,360 Part 3 — Engineering $84,134 Part 4 — Engineering $57,391 4 Legal Consultant Review of Permit and Possible Revisions TBD 5 TCEQ Review Response and Public Meeting TBD TBD 5A I Contested Case Hearings TBD Fiscal Year 2023 (cant' over into FY 2024) TBD III 6 Architectural and Engineering Plans & Specifications TBD TBD 7 Bidding and Construction Contract Award TBD 8 Construction Phase TBD We anticipate completing the Tasks 1, 2 and 3 in the number of days shown in the above table from our receipt of your notice -to -proceed. Thank for this opportunity to work with you, your staff and the citizens of Lubbock. Feel free to call me if you have any questions or requested revisions. You may call my office at 806.473.3526 or my cell at 806.781.8832. RHH/pg Enclosures Sincerely, PARKHILL By 69ev / 94 eal' Robert H. ( Ily) Holder, PE Environmental Sector Director Page 2 of 9 EXHIBIT A City of Lubbock, Texas Solid Waste Management Department (SWMD) Transfer Station Development Proposed Scope of Service SCOPE OF SERVICES PHASE I — SITE EVALUATION, ARCHITECTURAL PROGRAMMING Task 1 — Evaluate three previous study sites and determine feasibility for each. ■ Investigate adequacy of existing roads and any necessary improvement. ■ Determine utility extensions required. ■ Evaluate site conditions and issues for development. ■ Prepare site layout for each. ■ Evaluate possible issues during permitting. ■ Assist SWMD in City Council or other public briefings. ■ Prepare Report of Findings with Opinion of Probable Construction Cost (OPCC). Task 1 Fee: $73,435 Engineering Task 1A Fee: $8,625 Existing Traffic Overview Task 1 B Fee: $8.050 Archaeological and Environmental Services Task 2 — Architectural Building Programming ■ A/E will conduct a kickoff meeting with Owner to review and approve the following: • Scope of Work. • Preliminary Schedule. • Project Budget. • A/E will, at kickoff meeting, conduct an input workshop to collect from Owner relevant information concerning the site, program, goals, aesthetics preferences, as well as collection of data including site survey. • A/E will prepare a Preliminary Program of Spaces based on information provided at kickoff meeting, and prepare a Conceptual Space Layout. Deliverables will include: • Program list of spaces. • Floor Plan. • Site Plan. • One building elevation. • A/E will conduct a meeting with Owner to review Preliminary Program of Spaces and Conceptual Space Layout. Revisions to these documents will be discussed during this meeting. • A/E will prepare a revised Program of Spaces, Conceptual Space Layout, and exterior image. Deliverables will include: • Revised program list of spaces. • Revised Floor Plan. • Revised Site Plan. • Two building elevations. • One exterior perspective image. • A/E will conduct a final review meeting with Owner to present a Final Program of Spaces, Conceptual Space Layout, and final exterior image. A/E will prepare and present an OPCC based on these final documents and review OPCC with Owner. Task 2 Fee: $39,123 Page 3 of 9 PHASE II — PERMITTING Task 3 — Texas Commission of Environmental Quality (TCEQ) Permit ■ Part 1 • Facility location and general map preparation: • Prepare maps that demonstrate facility's general location for facility to be identified and accessed. • Adjacent Landowner information gathering and map preparation. • Prepare map that identifies Landowner adjacent to proposed facility. Prepare a document that identifies each adjacent landowner and provides contact information for each Landowner. Task 3, Part 1 Fee: $35,526 Part 2 ■ Waste Acceptance Plan: • Prepare a Waste Acceptance Plan that identifies primary waste generators and define expected types of waste from waste generator. Estimate quantity of each defined waste from each generator produced on a daily and annual basis. Project growth in waste volume over the next five years based on established population growth trends for the region. Identify size of the largest single quantity of waste that will be temporarily stored at facility in the next five years and estimate maximum time waste will be stored at facility before transport. • Site location adequacy analysis. • Identify local topography, flood plains, general site geology, surface water, and surrounding area to confirm conformance with 30 TAC §330.61. • Correspondence with state and federal agencies. • Coordinate with Texas Department of Transportation (TxDOT), Texas Historical Commission (THC), Texas Parks & Wildlife Department (TPWD), United States Fish and Wildlife Service (USFWS), South Plains Association of Governments, and any local governments to confirm location of Type V Waste Transfer Station will not cause interference with agency's agenda. Task 3, Part 2 Fee: $97,889 Engineering Task 3, Part 2A Fee: $28,750 Surveying Task 3, Part 2B Fee: $17,250 Traffic Study Task 3, Part 2C Fee: $30,360 Environmental Part 3 Facility Design: • Prepare a Site Layout that includes location of storage and transfer units that allow for facility access and waste movement. Site Layout must also control water pollution and protect endangered species. • Drainage Analysis o Prepare Drainage Report that demonstrates facility construction will not adversely affect site drainage patterns or runoff flows. Design drainage structures to mitigate adverse changes in site drainage patterns or maximum runoff flows, if required. Closure and Post Closure • Prepare a Closure and Post Closure Plan for facility to permanently stop accepting waste and maintain facility in accordance with 30 TAC §330.630) and §330.63(i). Prepare Cost Estimate for the actions to complete the Closure and Post Closure Plan and assist Lubbock in preparing documentation that demonstrates Owner's financial assurance to be financially able to complete the Closure and Post Closure Plan. Task 3, Part 3 Fee: $84,134 Engineering Part 4 Site Operating Plan • Prepare a Site Operating Plan (SOP) that conforms to requirements of 30 TAC §330 Subchapter E: Operational Standards for Municipal Solid Waste Storage and Processing Units. SOP contains information on daily operations at the facility including waste acceptance and analysis, generated waste management, general operations, health and safety procedures in the event of a hazard, and mitigation of nuisances such as noise, vectors, and odor. Task 3, Part 4 Fee: $57,391 Engineering Page 4 of 9 Task 4 — Legal Consultant Review of Permit and Possible Revisions ■ Engage services of legal environmental specialists to review permit prior to submission to TCEQ. Attorney to be approved by SWMD prior to contracting. Fee: TBD Task 5 — TCEQ Response and Public Meeting • Prepare responses to two TCEQ formal review comment letters and submit for review. Anticipate one potential TCEQ Public Meeting and two preparatory meetings with SWMD. This is not a contesting case hearing. • Assist with meetings as needed. • Prepare exhibits for meetings. • Coordinate with legal subconsultant. • Attend TCEQ public meeting. • Prepare response to proposed TCEQ revisions to permit following meetings. Fee: TBD Task 5A — TCEQ Contested Case Hearings • Should the TCEQ determine that a contested case hearing is warranted due to public request, Parkhill will assist and be prepared to testify on the City's behalf. • Assist with hearing. • Prepare exhibits for meetings. • Coordinate with legal subconsultant. • Attend TCEQ contested hearing. • Prepare response to proposed TCEQ revisions to permit following hearing. Fee: TBD PHASE III — PROFESSIONAL DESIGN AND CONSTRUCTION PHASE SERVICES Task 6 — Architectural and Engineering Design ■ General Tasks: • Programming phase. • Schematic Design. • Design Development. • Construction Documents. • Computer Generated Renderings. • Estimated OPCC. ■ Services to be Provided: • Geotechnical Investigations for foundation design. • Civil site engineering. • Architectural design. • Structural, electrical, and mechanical systems. • Landscape architecture. • Texas Department of Licensing and Regulation (TDLR) document submission. Fee: TBD Page 5 of 9 Task 7 -- Bidding Phase ■ General Tasks: • Develop Bidding Schedule. • Assist City with Bid Advertisement. • Attend Prebid Meeting. • Respond to Contractor's questions with Addenda. • Attend Bid Opening. • Evaluate Contractor's experience and make recommendation to City. Fee: TBD Task 8 — Construction Phase • General Tasks: • Assist City with Contract Documents. • Prepare pre -construction meeting agenda. • Attend pre -construction meeting and issue notes and action items. Conduct periodic site visits by Design Professional as Work progresses. • Minimum one visit per month by Design Professional to observe Work under their direction. Provide services of Resident Project Representative (RPR). • RPR observes Contractor's progress and reports to Design Team. • Upload daily observations in database that is visible to all team members including City, Contractor, and Design Team. Attend monthly progress meetings. • Prepare agenda and participate in meeting. • Review Contractor's Work progress. • Review Contractor's pay request and make recommendation on payment. • Notify Contractor of issues or concerns observed by Design Professional. Final walk-through and closure. • Coordinate and attend final walk-through with Contractor. • Coordinate commissioning of systems with Contractor. • Prepare punch list of items requiring attention of Contractor to complete. • Coordinate Final Pay Application and all required closeout duties such as warranty documents, Certificates of Completion, and notice of all bills paid as required by Construction Contract with City. • Coordinate final inspection by TDLR for accessibility compliance. • Assist in obtaining Certificate of Occupancy. Fee: TBD Page 6 of 9 EXHIBIT A-1 - Transportation Scope of Services — R2M No. 21 — 5246 July 27, 2021 SCOPE OF SERVICES Phase I, Task 1 A —Transportation Evaluation ■ Complete site inspection of existing roadways that will access the site (look at pavement width and condition considering the number of garbage trucks and transfer vehicles that will impact the road including turning radius and potential traffic weaving movements needed). Determine utility extensions required. • Check with City of Lubbock, Metropolitan Planning Organization (MPO) and TxDOT on traffic counts on surrounding roads, and closest intersections or any MPO studies on projected volumes and determine estimated impact (increased % traffic) on adjacent roadways and intersections. • Site Analysis of each site, coordination, Letter Report (Based on the above assumptions) R2M would: • Site review of 3 sites and existing traffic data collection. City of Wolfforth may need to be contacted for Site A. Discuss with TxDOT Lubbock SWMD Director preliminary assessment and estimated impact on TxDOT facilities and determine if additional information and analysis will be need for them at this stage and next stage for them to provide a letter on their review for permitting. • Brief letter report of each site based on the two bullet points above, explaining estimated traffic impacts for each location based on projected trip data to and from the site. Answer any questions and meet with City staff to discuss letter report. • Fee: $8,625.00 Phase II, Task 3, Part 2B — Permitting Transportation Analysis ■ R2M to perform Synchro model capacity analysis for peak and off-peak (if needed) conditions for selected site and potentially impacted intersections within 1 mile, with detailed existing traffic counts including turning movements to be provided by City of Lubbock Traffic Operations at impacted intersections within 1 mile of site or agreement on MPO data and estimated turning movements. • R2M will evaluate the present, and 20-30-year traffic volume projections (based on MPO traffic models, and projected Transfer Station volumes). • Develop traffic assessment draft report and review with City of Lubbock and possibly City of Wolfforth, TxDOT, and TCEQ. • Finalize traffic assessment report and submit to prime with word document where key portions can be extracted for inclusion in permit application. • Fee: $17,250.00 (does not include new traffic counts, to be provided by City or additional subconsultant). Page 7 of 9 COX I MCLAIN Environmental Consulting EXHIBIT A-2 — Scope of Services For Lubbock Transfer Station Environmental Services Prepared for Parkhill, Inc. July 27, 2021 SCOPE OF SERVICES This scope of services describes work to be performed by Cox I McLain Environmental Consulting, Inc. (CMEC) to evaluate an approximately 140-acre property located in Lubbock County, Texas. CMEC proposes the following tasks be addressed for the transfer station assessment (described below). Any tasks not described below, or for which zero hours are shown, are not included in the cost estimate but may be addressed under a separate work authorization. Note: The Engineer will be responsible for obtaining right -of -entry and providing relevant parcel boundary information to CMEC prior to any field investigations. Phase I, Task 1 B — Constraints Analysis — Three Sites ■ This task will include a summary of recorded wetland/NVNI data, a threatened and endangered species habitat assessment, summary of recorded cultural resources sites, completion of a hazardous materials database search and a brief technical memo providing an evaluation of potential regulatory constraints or fatal flaws associated with project development on each of the three preliminary sites. The scope does not include any archeological survey, Phase I ESA, presence/absence surveys for listed species or any formal permitting coordination with the U.S. Fish and Wildlife Service (USFWS), the Texas Parks and Wildlife Department (TPWD), the U.S. Army Corps of Engineers, or other regulatory agencies. The evaluation will be based on published information and the results of a brief field visit. CMEC staff will communicate with Parkhill staff as needed by telephone. ■ Fee: $8,050.00 Phase II, Task 3, Part 2C.1 — Identify Potential Threatened and Endangered (T&E) Species and Ecological Issues ■ The potential for impacts to threatened and endangered species will be evaluated and summarized in a technical memo, based on a brief field visit and the results of a TPWD file search (Natural Diversity Database (NDD) site data) and a review of the U.S. Fish and Wildlife Service County list. Vegetative communities on the tract will be characterized with respect to their habitat potential. This scope does not include any presence/absence surveys, or coordination with regulatory agencies. ■ The final product of this scope of services will be a technical memorandum summarizing the data collected and evaluating the potential for encountering regulatory or permitting issues related to threatened or endangered species in association with facility operation. Note that any compliance -related activities or formal coordination with resource agencies would be carried out under an additional scope and budget. ■ Fee: $4,830.00 Phase II, Task 3, Part 2C.2 — Delineation of Wetlands and Other Waters of the U.S. ■ To assist in compliance with Section 404 of the Clean Water Act, the project area will be evaluated for the potential occurrence of any waters of the U.S., including wetlands, subject to the jurisdiction of the U.S. Army Corps of Engineers (USACE). Background information maintained by state and federal regulatory agencies will be reviewed to determine the location of any potential jurisdictional water features within or adjacent to the project area. CMEC wetland specialists will perform wetland evaluations in all areas potentially affected by the proposed project, to identify areas that may be under the jurisdiction of the USACE. The boundaries of all wetlands and other jurisdictional waters affected by the project will be field -delineated following protocols developed by the USACE. CMEC would coordinate a field investigation with Parkhill to provide right -of -entry. A technical memorandum detailing the findings of the jurisdictional determination will be prepared, suitable for submittal to the USACE. A letter requesting concurrence from the USACE regarding the presence of jurisdictional waters on the property will be prepared and submitted. Note that any further regulatory coordination (such as a Corps field visit) or work in pursuit of a Section 404 permit would require an additional scope and budget. Page 8 of 9 8401 Shoal Creek Blvd., Suite 100, Austin, TX 78757 512.338.2223 ■ The final product of this scope of services will be a memorandum summarizing the data collected and evaluating the potential for encountering regulatory or permitting issues related to wetlands or other waters of the U.S. subject to USACE jurisdiction in association with operation of the landfill. Note that any Section 404 compliance -related activities or permit coordination with resource agencies would be carried out under an additional scope and budget. Fee: $5,980.00 Phase II, Task 3, Part 2C.3 — Archeological Survey ■ The goal of the archeological survey is the receipt of a review letter from the Texas Historical Commission (THC) documenting compliance with the Antiquities Code of Texas (Chapter 191 of the Natural Resources Code). Prior to archeological fieldwork, CMEC proposes to conduct database and map searches for archeological and historic resources (e.g., cemeteries, archeological sites, historical markers, and resources listed on the National Register of Historic Places [NRHP] or as State Archeological Landmarks [SALs]) using the THC's online Atlas and other sources, as appropriate, and use the results to submit an archeological permit application to the THC. The scale of the field investigation is assumed to be at the Phase I intensive -survey level (Category 2 under 13 TAC 26.20). The study will involve pedestrian survey (with shovel testing as needed) of a project area of approximately 140 acres. Due to the setting of the tract, up to two days of mechanical trenching is anticipated. Field methods will comply with the requirements of 13 TAC 26.20, as elaborated by the THC and the Council of Texas Archeologists (CTA). In addition, this investigation will evaluate archeological resources for their potential NRHP/SAL eligibility (13 TAC 26.12). Reporting of results, including preliminary NRHP/SAL evaluations of any identified archeological resources, will comply with THC and CTA guidelines and will be coordinated with the THC and the Client per the terms of the archeological permit. Exclusions: Historic -resources background or field study at any level, NRHP nominations, HABS/HAER documentation, archeological monitoring, testing, or data recovery, human remains evaluation/coordination/removal. All excluded services could be provided under separate scope/budget. Fee: $19,550.00 Total Task 3, Part 2C.1, 2C.2, and 2C.3 Fee: $30,360.00 Assumptions ■ Task 1, detailed studies will be performed on the parcel selected for further evaluation. For budgetary purposes, the largest parcel (C) was assumed to be the preferred option. Task 2 would only be initiated following a specific notice to proceed. Assumes total project footprint of approximately 140 acres. Assumes no impact to NRHP-listed or eligible historic building/structures in the area, due to the nature of the project; no assessment of such resources by a professional historian is included. Deliverables include a brief technical memo summarizing potential T&E issues, a wetland delineation report, and an archeological survey report. The proposed site is assumed to be privately owned at the time of the archeological coordination and survey; therefore, CMEC assumes that collection/curation of artifacts would not be required. Assumes a state -only regulatory nexus for archeological compliance. Assumes that Parkhill and/or the Client negotiates/provides right -of -entry such that the archeological field study could be completed in one trip. If access is not available, a reasonable and good -faith effort will be made to document inaccessible parcels from accessible parcels and/or public ROW. Coordination letters to the USFWS or TPWD would be prepared under an additional scope and budget. The Project engineer will provide appropriate information (including maps) to CMEC prior to any field investigations. No formal presence/absence surveys for threatened or endangered species are included at this stage. No regulatory coordination under Section 7 or Section 10(a) of the Endangered Species Act will be conducted. No Section 404 wetland permit preparation or coordination (other than the letter requesting a jurisdictional determination) is included in this fee. ■ Additional exclusions: right -of -entry coordination; Section 4(f) services; historic resources reconnaissance, intensive study, NRHP nominations, or HABS/HAER documentation; archeological monitoring, testing, or data recovery; archeological trenching; human remains evaluation, coordination, removal, or reinterment; or artifact processing, detailed analysis, or curation. All excluded services could be provided under separate scope/budget. Services described as omitted from this proposal in the discussion above, are not included in the current scope and budget but can be provided under a separate scope and budget/work authorization. Page 9 of 9