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HomeMy WebLinkAboutResolution - 2023-R0360 - Contract 17278, Parkhill - 07/25/2023Resolution No. 2023-R0360 Item No. 5.14 July 25, 2023 RESOLUTION BE IT RESOLVED BY THI: CiTY COUNCiL UF THE CYTY OF LUBBOCK: THAT the Mayor of the City uf Lubbock is hereb f authorired and directed to execute for and on behalf of the City of Lubbock, a Yrofessional Setvices Agreement, Contract No. 17278, as per RFQ 23-17278-KM, for professional engineering services for the West "I-exas Regional Disposal Facility Cell 6 Design, Construction Ac�m�nistration, and Regulatory Reporting, by and between the City of Lubbock and Parkhill, and related documents. Said Contract 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 July 25, 2023 TRAY A'I'T 'ST: Cou ney Paz, City Secretary� APPROVED AS TO CONTENT: � ` _ � ��rik Rejino, Assistant Cit�� Ma��ager AYPROVED AS TO FOKM: -- ----_-_ _ �� Ryan Br ke, S nior Assistant Cit}� Attorney IR RFS.Contract No. 17278, PSA-Parhhil) 7. I 1.23 Resolution No. 2023-R0360 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17278 is entered into this 25 day of July , 2023, 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 West Texas Regional Disposal Facility Ce116 Design, Construction Administration, and Regulatory Reporting (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 � 8 months. [f 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 $238,500 for Phase 1 Services and $457,200 for Phase 2 Services as set forth in Exhibit "B". ARTICLE III. TERMINATION A. General. The City may ternunate 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. Ternunation 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 azbitration 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. Authorizarion. 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 Activiries 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. T'he 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 CONSULTANTS 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 insert correct value], 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. 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, Page 5 of 11 OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INNRY 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 INDEMIVITY 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 deposiring 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 effecrive 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 Tyler Krueger, P.E. 4222 85�' St Lubbock, Texas 79423 Telephone: 806-473-3656 Email: tkreu�er(c�_,,parkhill.com C. City's Address. The City's address and numbers for the purposes of notice are: Brenda Haney, Director of Solid Waste City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-2335 Email: BrendaHanevna,mylubbock.us Page 6 of 11 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 effecrive 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-confidenrial 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. 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 SHA�.L BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFOttMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT Page 7 of 11 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 such waiver, such waiver shall not affect the waiving pariy'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 f�nds 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 Page 8 of 11 thirty (30) days prior written notice, but failure to give such norice sha11 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 secrion 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 Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. R. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. S. 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 contr�ctor 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 Page 9 of 11 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 contracring information related to the contract 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. T. Professional Responsibility. All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. Page 10 of 11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK A TEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: renda Haney, Director f Solid Waste APPROVED AS TO FORM: Ryan Br�oke, Seniar Assistant City Attorney Firm Parkhill By: [Fi Signature] Email: r 1 �{�-� 1\� Gor-� Page 11 of 11 EXHIBIT A SCOPE OF SERVICES Parkhill EXHIBIT A WTRDF Cell 6, Design, Construction Administration, and Regulatory Reporting Scope of Services TASK 1 - DESIGN • Prepare design plans for construction of Cell 6. The plans will include information necessary for use by a construction Contractor, including but not limited to, existing topography, liner system control, leachate collection system control, construction details, leachate force main, and electrical service. • Based on previous meetings with the City, we will incorporate gas collection components into the cell design. ■ Prepare technical specifications for work and materials. ■ Prepare an EOPC at each submittal milestone. ■ Incorporate revisions to design plans and specifications based upon comments received from City. ■ Coordinate with City to incorporate any required specifications, documents, or forms into bid documents. ■ Attend Project meetings with City staff. • Project staff will attend design review meetings at pre-design (where we will go over Scope and budget), 60% design, 95% design, and bid documents submittal stages. • Other Project meetings or site visits may be scheduled on an as needed basis. TASK 2 - BIDDING ■ Attend a pre-bid meeting and site visit to familiarize prospective contractors with the Project. ■ Respond to comments and questions raised by potential bidders. ■ Prepare and issue clarifications to plans and specifications as necessary via addenda to bid documents. ■ Following bid opening, Parkhill will provide assistance with reviewing the bid tab prepared by the City of Lubbock and contacting contractor references as requested. TASK 3 - DESIGN SURVEY � Complete a predesign topographic survey of the site. • Prepare Sheet V-001 - Topographic Survey for incorporation into design plans. TASK 4 - CONSTRUCTION SURVEY ■ Complete subgrade verification survey. ■ Complete protective cover thickness verification survey. ■ Complete leachate collection and liner limits survey. TASK 5 - CONSTRUCTION ADMINISTRATION ■ Manage preconstruction and construction progress meetings with City and Contractor staff. ■ Prepare and distribute meeting minutes. ■ Review construction activities and progress, coordinate with (CQA), and review conformance testing results. � Review and respond to submittals, Requests for Information (RFI), and Change Order Requests. ■ Review and submit Contractor requests for payment to City for processing. ■ Engineer-of-Record shall visit the site as required during liner construction. ■ Review survey CQA verification for Texas Commission on Environmental Quality (TCEQ) reporting. ■ Review soil tests, material tests, certification forms, daily logs, and other data from CQA. ■ Conduct a preliminary walk-through to generate a"punch-list" for completion by Contractor. ■ Conduct a final walk-through at Project completion. Exhibit A I Scope of Services -1- TASK 6 — THIRD-PARTY CQA ■ Make regular site visits to document construction activities and coordinate with Contractor. ■ Make periodic site visits to observe critical parts of construction. ■ Coordinate, receive, and review soil tests, material tests, certification forms, and daily logs. ■ Engineer of Record Representative will be onsite during liner installation for CQA and record liner installation documentation. TASK 7 — CONSTRUCTION TESTING • Coordinate required testing with a materials testing laboratory to perform construction testing as required by Construction Documents. • Coordinate required testing with liner materials testing laboratory to perform liner manufacturing, third- party testing, and destructive testing of liner welds. TASK 8— LINER EVALUATION REPORTS ■ Prepare drawings of subgrade, protective cover, leachate collection, and liner limits survey. ■ Compile all required information and documentation from CQA activities, complete and submit the Geosynthetic Clay Liner Evaluation Report (GCLER) and Geomembrane Liner Evaluation Report (GLER). ■ Respond to comments received from TCEQ. Services specifically excluded from our Scope of Services include, but are not limited to, the following: • Geotechnical Reports. ■ Multiple Bid Packages. DELIVERABLES ■ Draft design plans and specifications at 60% and 95% completion in PDF format and four copies in 11 by 17-inch printed format. ■ Final sealed design plans and specifications suitable for bidding purposes in PDF format. ■ Geosynthetic Clay Liner Evaluation Report (GCLER). ■ Geomembrane Liner Evaluation Report (GLER). END OF SCOPE OF SERVICES Exhibit A I Scope of Services -�- EXHIBIT B PROFESSIONAL FEES Parkhill EXHIBIT B WTRDF Cell 6, Design, Construction Administration, and Regulatory Reporting Compensation Our fee for the Scope of Services described in Exhibit A will be either a lump sum, reimbursable, or hourly with a max fee structure. Below is a breakdown of our Professional Services fee with fee structure. This Project will be completed in two phases. Phase 1 will include Engineering Design, Bidding Phase Services, and a Design Survey. Phase 2 will include Construction Surveying, Construction Administration, Third-Party CQA, Construction Testing, and Liner Evaluation Reports. END OF COMPENSATION Exhibit B � Compensation -i- DocuSign Envelope ID: 814F4AD3-DCOF-4FF5-A590-EA80C8FAA3D3 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING i Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1044578 Parkhill Lubbock, TX United States �ate Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/11/2023 being filed. City of Lubbock Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17278 West Texas Regional Disposal Facility Cell 6 Design, Construction Administration, and Regulatory Reporting 4 Nature ofinterest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Finley, David Frisco, TX United States X Edwards, Jay Midland, TX United States X Hart, Daniel Austin, TX United States X Hamilton, John Lubbock, TX United States X Edwards, Zane Lubbock, TX United States X Haberer, Mark Lubbock, TX United States X Nelson, Scott Frisco, TX United States X Ramirez, Mike EI Paso, TX United States X Stills, Mary EI Paso, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is �ohn I-Iamilton , and my date of birth is My address is 4222 85th Street Lubbock TX 79423 Lubbock , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Lubbock County, State of Texas , on the 12 day of July , 20 23 . (month) {yearJ Docu3lgned by: �. �W-� ciozz��g�g�of authorized agent of contracting business entiry �� (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.a18ea2ca CERTIFICATE OF INTERESTED PARTIES FORnn 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the ciry, state and country of the business entity's place Certificate Number: of business. 2023-1044578 Parkhill Lubbock, TX United States �ate Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/11/2023 being filed. City of Lubbock Date Acknowledged: 07/12/2023 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17278 West Texas Regional Disposal Facility Cell 6 Design, Construction Administration, and Regulatory Reporting 4 Nature of interest Name of Interested Party Ciry, State, Country (place of business) (check applicable) Controlling Intermediary Finley, David Frisco, TX United States X Edwards, Jay Midland, TX United States X Hart, Daniel Austin, TX United States X Hamilton, John Lubbock, TX United States X Edwards, Zane Lubbock, TX United States X Haberer, Mark Lubbock, TX United States X Nelson, Scott Frisco, TX United States X Ramirez, Mike EI Paso, TX United States X Stills, Mary EI Paso, TX United States X 5 Check only if there is NO Interested Party. � 6 UNSWORN DECLARATION My name is , and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entiry (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.a18ea2ca