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HomeMy WebLinkAboutResolution - 2023-R0607 - Contract 17774, With Parkhill, Solid Waste Transfer Station - 12/12/2023Resolution No. 2023-R0607 Item No. 5.22 December 12, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OP 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, Professional Service Agreement Contract No. 17774 for professional services in connection with the Solid Waste Transfer Station by and between the City of Lubbock and Parkhill, a Texas corporation 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 December 12, 2023 TRA ., YOR ATTEST: Cou ney Paz, City ecretary Al'PROVED AS TO CONTLNT: � /�z� Erik Rejino, Assistant City Manager APPROVED �sistant City Attorney ccdocs IIIRES.Contract 17774-Parkhill November 29, 2023 Resolution No. 2023-R0607 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17774 is entered into this 12th day of December 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 Solid Waste Transfer Stattion, (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 until the completion of the scope of work. 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 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 $2,988,470.48, 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 ternunation, 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, ternunation of this Agreement and assertion of an action for damages and/or injunctive relie£ 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. Page2of11 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. 1'his Agreement constitutes legal, valid, and binding obligarions 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 hannless 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 connecrion with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtai� 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. 1'he 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 l l 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 Compensarion. In either event, the policy must be endorsed to include a waiver of subrogarion 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 refened to herein as "Sub-consultanY'), 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. INDEMMTY 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 Kreg Robertson, AIA Principal 4222 85"' Street Lubbock, Texas 79423 Telephone: 806.473.2200 Email: krobertson@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 ANU 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 enritled 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 secrions 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 respecrive 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 1N ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUSBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT NRISDICTION 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, wananties, 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. 7'he 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 S of 11 such waiver, such waiver sha11 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-appropriarion 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 thiriy (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 lrnowingly 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: Courtney Paz, City Secretary APPROVED AS TO CONTENT: renda A. ney, Solid Waste Director y Attorney TRAY PA , MAYOR Firm Parkhill By: Kreg o rtson, AIA Principa Page 10 of 11 Texas Government Code Subtitle F, Title 10, Chapter 2271 I, Kreg Robertson, AIA _ (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 enrity. 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. November 29. 2023 Date A o 'zed Signature Page 11 of 11 Exhibits Parkhill November 21, 2023 Ms. Brenda Haney, P.E. Solid Waste Department City of Lubbock 1314 Avenue K Lubbock, TX 79401 RE: Proposed Fee and Scope of Services Lubbock Transfer Station Phase III, IV, V and VI Lubbock,Texas Dear Ms. Haney: Our proposed Scope of Services is enclosed with this letter and outlines the completion of the Permit Application, assist with platting of the site, architectural/engineering professional design services necessary to for your project. Phase I of the project is complete, and Phase II, which includes the first draft of the Permit Application, is also complete. There is still work remaining on the Permit which includes coordination with Lubbock on all street projects, water and sanitary sewer service and other utility connections as well as review and comment by Lubbock staff and other outside legal consultants that Lubbock desires prior to submission to Texas Commission on Environmental Quality (TCEQ) for an Operating Permit. In summary, the work is summarized as follows with a more detailed scope of each in the following attachment. The Project consists of three Phases. Phase I was the Project Site Location and Architectural Building Programming and Phase II was preparation of a draft Permit Application, which are now complete. The draft Permit will be submitted to Lubbock for review by December 1, 2023. Phase III will continue the project through permitting. A new Phase IV will cover all Professional Services for platting and zoning of the site, and completion of design plans and specifications, as well as bidding, and construction administration. Phase V will cover additional surveying and engineering services. Phase VI wilt cover the Material Recovery Facility TCEQ notification process. Here is a breakdown for all remaining professional services and tasks, are also shown in Exhibit A. PHASE I — COMPLETED PHASE II — COMPLETED PHASE III — COMPLETION OF TCEQ TYPE V PERMIT APPLICATION TASK 4— TCEQ TYPE V PERMIT TASK 5— POSSIBLE REVISIONS RESULTING FROM LEGAL CONSULTANT REVIEW OF PERMIT TASK 6— TCEQ REVIEW RESPONSE AND PUBLIC MEETING TASK 7— CONTESTED CASE HEARING PHASE IV — PROFESSIONAL DESIGN AND CONSTRUCTION PHASE SERVICES TASK 8— SITE PLATTING AND ZONING TASK 9— ARCHITECTURAL AND ENGINEERING PLANS & SPECIFICATIONS TASK 10 — BIDDING AND CONSTRUCTION CONTRACT AWARD TASK 11 — CONSTRUCTION PHASE PROFESSIONAL SERVICES TASK 12 — RESIDENT PROJECT REPRESENTATIVE PHASE V— ADDITIONAL ENGINEERING TASKS RELATED TO PROJECT TASK 13 — SURVEY/ENGINEERING DESIGN OF 76T" STREET (FROM ALCOVE EAST TO PROPERTY) TASK 14A — SURVEYING/ENGINEERING DESIGN ALCOVE NORTH OF 76T" STREET (2 ADD'N LANES) TASK 146 — SURVEY/ENGINEERING DESIGN OF INTERSECTION OF ALCOVE AND 66T" STREET PHASE VI — MATERIAL RECOVERY FACILTIY TCEQ NOTIFICATION PROCESS TASK 15 — TCEQ DOCUMENTATION PREPARATION FOR MRF NOTIFICATION Y �2023_CANTRACTS-PROPOSALS�LubbodA2023-11_Lubbock_TS_Ph36_Proposal.dax 4222 85th Street Lubbock, Texas 79423 806.473.2200 Parkhfll.com Ms. Brenda Haney Page 2 November 21, 2023 City of Lubbock Fees for the remaining tasks are as follows. All are lump sum unless otherwise noted. PHASE TASK DESCRIPTION FEE Initial Site Evaluation and Miscellaneous Services 1 Evaluation of Three Sites Complete � 1A Existing Tra�c Overview Complete 1 B Archaeological and Environmental Services Complete 2 Architectural Building Programming Complete Draft Permit Application Complete TCEQ Type V Draft Permit Part 1 — Engineering Complete Part 2 — Engineering Complete 3 Part 2A — Surveying Complete Part 26 — Traffic Study Complete II Part 2C - Environmental Complete Part 3 — Engineering Complete Part 4 — Engineering Complete 4 Legal Consultant Review of Permit and Possible Revisions Moved to Ph III 5 TCEQ Review Res onse and Public Meetin Moved to Ph III 5A Contested Case Hearings Moved to Ph III Completion of Permit Application TCEQ Type V Permitting & Surveying Part 1 — Engineering $5,530.00 Part 2 — Engineering $63,071.48 4 Part 2A — Surveying $9,500.00 Part 2B — Traffic Study $16,300.00 III Part 2C - Environmental Complete Part 3 — Engineering $57,940.00 Part 4 — Engineering $36,371.00 5 Possible Revisions Resulting from Legal Consultant $35,000.00' Review of Permit 6 TCEQ Review Response and Public Meeting $75,000.00* 7 Contested Case Hearings TBD Professional Design and Construction Phase Services 8 Site Platting and Zoning $12,000.00 9 Architectural and Engineering Plans & Specifications $1,266,130.00 IV 10 Bidding and Construction Contract Award $90,438.00 11 Construction Phase $452,190.00 12 Resident Pro'ect Re resentative TS & MRF $500,000.00* Additional Engineering Tasks Related to Project 13 Surveying/Engineering Design of 76"� Street (From Alcove $197,000.00 East to Pro e V 14A Surveying/Engineering Design Alcove North of 75'� Street $72,000.00 2 Additional Lanes 14B Surveying/Engineering Design of Intersection of Alcove $65,000.00 and 66'� Street Material Recovery Facility Notification Process VI 15 TCEQ Documentation $35,000.00 Hourly Rate Not-To-Exceed without prior approval. Ms. Brenda Haney Page 3 November 21, 2023 City of Lubbock As far as planning and funding. One suggestion is that the total fee may be sub-divided into four groups. Group 1 is the transfer station permit application work through permitting. Group 2 is the professional design of the buildings, site, utility, and offsite roadway improvements. Group 3 is the construction phase services. Group 4 is the notification documentation for the material recovery facility. These are divided and may be split in successive fiscal years as best served for the City. 1 — Permittin 4 III 5 6 7 TCEQ Type V Permitting & Surveying Part 1 — Engineering Part 2 — Engineering Part 2A — Surveying Part 2B — Traffic Study Part 2C - Environmental Part 3 — Engineering Part 4 — Engineering Possible Revisions Resulting from Legal Consultant Review of Permit TCEQ Review Response and Public Meeting Contested Case Hearinas $5,530.00 $63,071.48 $9,500.00 $16,300.00 $57,940.00 $36,371.00 $35,000.00' $75,000.00* TBD Total for Group 1...$298,712.48 2— Professional Desi n hase Services. IV 8 Site Platting and Zoning 9 Architectural and Enpineerin4 Plans & $12,000.00 $1,266,130.00 13 Surveying/Engineering Design of 76'�' Street (From Alcove $197,000.00 East to Pro e V 14A Surveying/Engineering Design Alcove North of 75w Street $72,000.00 2 Additional Lanes 146 Surveying/Engineering Design of Intersection of Alcove $65,000.00 and 66�' Street Total for Group 2...$1,612,130.00 Grou 3— Biddin and Construction Phase Professional Services. 10 Bidding and Construction Contract Award IV 11 Construction Phase 12 Resident Pro'ect Re resentative TS & MR * Hourly Rate Not-To-Exceed without prior approval. Total for Group 3...$1,042,628.00 438.00 ,190.00 000.00" Grou 4— Material Recove Facilit Notification. VI 15 TCEQ Documentation $35,000.00 Total for Group 4...$35,000.00 Ms. Brenda Haney Page 4 November 21, 2023 City of Lubbock Thank you for this opportunity to this project work with you, your staff and the citizens of Lubbock. Feel free to call either of us if you have any questions or requested revisions at 806.473.2200. Sincerely, PARKHILL By �� ��� Robert H. ( ly) Holder, PE Senior Practice Leader By Kr obertson, AIA Principal of Record RHH/KR/pg Enclosures EXHIBIT A City of Lubbock, Texas Solid Waste Management Department (SWMD) Transfer Station 8 Materials Facility Recovery Facility Development Scope of Services November 21, 2023 SCOPE OF SERVICES PHASE I — COMPLETE PHASE II — COMPLETE PHASE III — PERMITTING COMPLETION FOR SUBMISSION Task 4— Texas Commission of Environmental Quality (TCEQ) Permit (Final for Submission) ■ 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 4, Part 1 Fee: $5,530.00 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), 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 4, Part 2 Fee: $63,071.48 Engineering Task 4, Part 2A Fee: $9,500.00 Surveying Task 4, Part 26 Fee: $16,300.00 Traffic Study Task 4, Part 2C Fee: Zero Environmental task completed in Phase II Part 3 • Facility Design: • Prepare a Site Layout that includes location of storage and transfer units that allow for faciliry 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 §330.63(j) 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 4, Part 3 Fee: $57,940.00 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 4, Part 4 Fee: $36,371.00 Engineering Task 5— Possible Revisions Resulting from Legal Consultant Review of Permit ■ Changes to permit as a result of legal environmental specialist's review of permit prior to submission to TCEQ. Attorney to be contracted directly by SWMD prior to contracting. Fee: $35,000 (estimated only) Task 6— TCEQ Response and Public Meeting ■ Prepare responses to two TCEQ formal review comment letters and submit for approval. Anticipate one potential TCEQ Public Meeting and finro preparatory meetings with SWMD. This is not a contesting case hearing. • Review and prepare responses to TCEQ comments and resubmit. • Assist with TCEQ meetings as needed. • Prepare exhibits for meetings. • Coordinate with legal consultant. • Attend TCEQ public meeting. • Prepare response to proposed TCEQ revisions to permit application following meetings. Fee: $75,000 (estimated, Not-to-exceed without prior approval) Task 7— TCEQ Contested Case Hearings • Should 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. • Attending TCEQ contested hearing. • Prepare response to proposed TCEQ revisions to permit following hearing. Fee: TBD PHASE IV — PROFESSIONAL DESIGN AND CONSTRUCTION PHASE SERVICES Task 8— Site Platting and Zoning • Develop site plat in accordance with City of Lubbock ordinances. ■ Zone Change Request from Low Density Single Family (SF-2) to Lubbock recommended zone. ■ Attendance at Planning & Zoning and City Council meetings. Fee: $12,000 Task 9— Architectural and Engineering Design ■ General Tasks: • Programming phase. • Schematic Design. • Design Development. • Construction Documents. • Computer Generated Renderings (up to 3 non-photo realistic 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. Transfer Station A&E Fee: $891,280.00 MRF A&E Fee: $374,850.00 Task 9 Total Fee: $1,266,130.00 Task 10 — 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. Transfer Station A&E Fee: $63,663.00 MRF A&E Fee: $26,775.00 Task 10 Total Fee: $90,438.00 Task 12 — Services of onsite Resident Project Representative ■ See Exhibit B for Duties and Responsibilities of Resident Project Representative (RPR). Transfer Station RPR Fee: $400,000.00* MRF RPR Fee: $100,000.00'' Task 12 Total Fee: $500,000.00* * Hourly Rate Not-To-Exceed without prior approval. PHASE V— PROFESSIONAL ENGINEERING ON ADJACENT STREETS Task 13 — 76th Street from facility entrance to Alcove Fee: $197,000 Task 14A —Alcove improvements north of 76th Street for two additional lanes Fee: $72,000 Task 14B — Alcove and 66th Street intersection Fee: $65,000 Total Fee for Phase V: $334,000.00 PHASE VI — MATERIAL RECOVERY FACILITY NOTIFICATON PROCESS Task 15 — TCEQ Documentation for MRF Notification Fee: $35,000 EXCLUDED SERVICES Services specifically excluded from our Scope of Services include, but are not limited to, the following: ■ Construction Material Testing — WII be made the responsibility of the contractor. ■ Furniture, Fixtures, and Equipment Planning and Documentation. ■ Bidding and Construction Phase Services on 76"' Street and Intersections at 66�' Street at Alcove/Upland. Projects will be managed by City. ■ Construction site visits or meetings beyond those noted. ■ SWPPP permitting beyond preparation of SWPP documents. ■ Design of off-site improvements, (extension of utilities, roadways, etc.) beyond those included. ■ Production of a regional drainage study or off-site drainage improvements. ■ Geotechnical investigations. ■ Environmental site assessments other than what was completed for permitting. ■ Construction surveying seniices. ■ Changes to design documents as a result of damage done to existing (utilities, pavement, flatwork, storm water management BMPs, etc.) by the Contractor. � Changes to the design documents as a result of Value Engineering (VE). • LEED Certification support. END OF EXHIBIT A EXHIBIT B RPR Duties and Responsibilities Resident Project Representative (RPR) will be Owner's and/or Engineer's employee or agent at the Site, will act as directed by and under the supervision of Owner and/or Engineer, and will confer with Owner and/or Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Work in general shall be with Owner and/or Engineer and Contractor keeping Owner advised as necessary. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 1. Duties and Responsibilities to RPR: a. Schedules: Review the Progress Schedule, Schedule of Submittals, and Schedule of Vafues prepared by Contractor and consult with Engineer concerning acceptability. b. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings, and prepare and circulate copies of minutes thereof. c. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR's own personal safety while at the Site. d. Liaison: 1) Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent, and assist in providing understanding of the intent of the Contract Documents. 2) Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-Site operations. 3) Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. e. Shop Drawings and Samples: 1) Record date of receipt of Shop Drawings and Samples that are received at the Site. 2) Receive Samples that are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. 3) Advise Engineer and Contractor of the commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by Engineer. f. Review of Work, Rejection of Defective Work, Inspections, and Tests: 1) Conduct observations of the Work in progress on the Site to assist Engineer in determining if the Work is, in general, proceeding in accordance with the Contract Documents. 2) Report to Engineer when RPR believes that any Work is unsatisfactory, faulty, or defective or does not conform generally to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test, or approval required to be made; and advise Engineer of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. 3) Verify that tests, equipment, and systems startups, and operating and maintenance training are conducted in the presence of appropriate Owner's personnel and that Contractor maintains adequate records thereof; and observe, record, and report to Engineer appropriate details relative to the test procedures and startups. 4) Observe Contractor-arranged inspections required by Laws and Regulations, including but not limited to those performed by public or other agencies having jurisdiction over the Work. 5) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. g. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. h. Modifications: Consider and evaluate Contractor's suggestions for modifications to Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor decisions issued by Engineer. i. Records: 1) Maintain at the Site orderly files for correspondence, reports of job conferences, Shop Drawings and Samples, and reproductions of original Contract Documents including all Addenda, Change Orders, Field Orders, work change directives, additional Drawings issued subsequent to the execution of the Agreement, Engineer's clarifications and interpretations of the Contract Documents, progress reports, and other Project-related documents. 2) Keep a record recording Contractor's hours on the Site, weather conditions, data relative to questions on Change Orders or changed conditions, list of visitors to the Site, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. 3) Record names, addresses, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. 4) The RPR shall prepare a daily report or keep a daily diary that records weather conditions, the contractor's daily work activities, and specific observations. The RPR shall regularly photograph the work. The RPR shall maintain orderly files of correspondence, reports of job conferences, change orders, field orders, work change directives, daily reports and/or diaries, photographs and other similar documents. These documents shall be filed in ConsultanYs project record file. They shall be made available to Owner upon receipt of request from Owner and, if available, uploaded to cloud-based construction management software applications (or any other construction management software applications made available). j. Reports: 1) Furnish Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the Progress Schedule and Schedule of Submittals. 2) Consult with Engineer in advance of scheduled major tests, inspections, or start of important phases of the Work. 3) Prepare draft of proposed Change Orders, obtaining backup documents from Contractor, and provide recommendations to Engineer regarding Change Orders and Field Orders. 4) Report immediately to Engineer and Owner upon the occurrence of any Site accident, any Hazardous Environmental Condition, emergencies, or acts of God endangering the Work, or property damage by fire or other cause. k. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission, and submit recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. I. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals, and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Engineer for review and forwarding to Owner prior to final payment for the Work. m. Completion: 1) Before Engineer issues a certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. 2) Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public authorities having jurisdiction over the Work. 3) Conduct final inspection in the company of Engineer, Owner, and Contractor, and prepare a final list of items to be completed or corrected. 4) Observe that all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance of the Work. 2. The RPR shall not: a. Authorize any deviation from the Contract Documents or substitution of materials or equipment, including "or equal" items. b. Exceed limitations of Engineer's authority as set forth in the Contract Documents. c. Undertake any of the responsibilities of Contractor, Subcontractors, or Contractor's superintendent. d. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences, or procedures of construction, unless such advice or directions are specifically required by the Contract Documents. e. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the Work. f. Accept Shop Drawing or Sample submittals from anyone other than Contractor. g. Authorize Owner to occupy the Project in whole or in part. h. Authorize the use of any Unmanned Aircraft System (UAS or drone) without prior consent and authorization from Owner. i. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Engineer. END OF EXHIBIT B