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HomeMy WebLinkAboutResolution - 2024-R0215 - Contract 18033, With Parkhill, Miscellaneous Engineering Services - 04/23/2024Resolution No. 2024-R0215 Item No. 6.21 Apri123, 2024 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. 18033, for continuing professional engineering services for the Solid Waste Department of the City of� Lubbock, 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 thc City Council on Apri123, 2024 TRAY I'. ATTEST: Cou ney Paz, City Secretary APPROVEll AS TO CONTENT: �� hrik Rejino, Assistant City Manager APPROVEll AS TO FO or Assistant City Attorney R�:S.Professional Services Agreement-Solid Waste-Parkhill 4. I 2.24 Resolution No. 2024-R0215 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 18033 is entered into this 23 day of April, 2024, 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 [name of project and/or service being performed], (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 6 months in year 1 and 1 year for every subsequent year. 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. Pagelofll 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 the value set forth in Exhibit "A". 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. 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 Page 2 of 11 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 Certifcate 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 Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and Page 4 of 11 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 "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 beneft 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, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Page 5 of 11 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, ANDIOR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT ANDIOR 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 WIT�I 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 TODD E. STIGGINS, PE 4222 85T" STREET LUBBOCK, TEXAS 79423 Telephone: 806-473-2200 Email: tstiggins@parkhill.com C. City's Address. The City's address and numbers for the purposes of notice are: BRENDA HANEY City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-2335 Email: brendahaney@mylubbock.us Page 6 of 1 I 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. 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 Page 7 of 11 ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HER�BY. 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 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 Page 8 of 11 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 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 verifes 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 frearm 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 verifes 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 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 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 contracting 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 Tray Payne, a r EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK AT EST: Courtuey Paz, City Secretary APPROVED AS TO CONTENT: City Deparirnent Hea APPROVED AS TO FORM: � '�i�yo _. �---• !� � I eri �City ttomey, Mitch Satterwhite Fi� Parkhill �Fin : Email: TStiggins@Parkhill.com Page 11 of 11 Parkhill Exhibit "A" March 22, 2024 Ms. Brenda Haney, PE Director of Solid Waste Department City of Lubbock 1314 Avenue K Lubbock, TX 79401 RE: Lubbock MSW Miscellaneous Services Dear Ms. Haney: Per your request, Parkhill is pleased to submit this Proposal to continue providing Solid Waste Engineering Services to the City of Lubbock. As a firm of over 500 employees providing comprehensive Architecture and Engineering Services, we are well divers�ed to serve the City of Lubbock in many capacities. In our Environmental Sector, we have 19 Team Members with a combined 330 years of experience dedicated to Municipal Solid Waste (MSV1/) because we believe it is that important. This proposal is divided into three Phases as detailed below. Phase I includes MSW Engineering Senrices through September 30, 2024. The services in Phase I address routine regulatory compliance requirements for your MSW facilities and an allowance for miscellaneous tasks that may be ident�ed by the City that are not routine in nature. Phase II includes Annual MSW Engineering Seniices for an additional four years, beginning October 1, 2024. The services in Phase II are the same in nature as those in Phase I, with the costs present for a full fiscal year. Finally, Phase III includes the following two projects which will potentially be required prior to September 30, 2028. ■ Landfill Gas Collection/Control System Design. ■ Caliche Canyon (MSW#69) Final Closure. These projects are time-sensitive after a regulatory requirement is triggered. The Landfill Gas Collection/Control System Design is contingent upon testing to be conducted in Phase I of this scope of services. Caliche Canyon (MSW#69) Final Closure would be initiated following final receipt of waste for disposal. Here is a summary of the proposed scope of services: PHASE I— MSW ENGINEERING SERVICES THROUGH SEPTEMBER 30, 2024 TASK 1- OPERATING BUDGET/ENVIRONMENTAL EXPENSES o Subtask 1.1 Proposed Fee (hourly w/ max) ........ o Subtask 1.2 Proposed Fee (hourly w/ max) ........ o Subtask 1.3 Proposed Fee (hourly w/ max) ........ o Subtask 1.4 Proposed Fee (hourly w/ max) ........ o Subtask 1.5 Proposed Fee (hourly w/ max)........ o Subtask 1.6 Proposed Fee (hourly w/ max)........ o Subtask 1.7 Proposed Fee (hourly w/ max)........ .............$ .............$ .............$ .............$ .............$ .............$ .............$ 18, 850 3,000 12,200 2,750 15, 000 65, 000 25,000 • TASK 1 TOTAL TASK 2— MISCELLANEOUS ENGINEERING SERVICES .................. .................. .$ 141,800 • Task 2 Proposed Fee (annual hourly rate) ............max $ 60,000 PHASEI SUM ...........................................................................................................$ 201,800 Y.�2024� CONTRACTS-PROPOSALS�Lubbock�2024_Lubbock_MSW Misc Sv� Scope docx 4222 85th Street Lubbock, Texas 79423 806.473.2200 Parkhlll.com Ms. Brenda Haney Page 2 March 22, 2024 City of Lubbock PHASE II — ANNUAL MSW ENGINEERING SERVICES FOR FOUR YEARS (BEGINNING OCTOBER 1, 2024) TASK 1 —OPERATING BUDGET/ENVIRONMENTAL EXPENSES . . Subtask 1.1 Proposed Fee (hourly w/ max) ................................. Subtask 1.2 Proposed Fee (hourly w/ max) ................................. Subtask 1.3 Proposed Fee (hourly w/ max) ................................. Subtask 1.4 Proposed Fee (hourly w/ max) ................................. Subtask 1.5 Proposed Fee (hourly w/ max) ................................. Subtask 1.6 Proposed Fee (hourly w/ max) ................................. Subtask 1.7 Proposed Fee (hourly w/ max) ................................. • TASK 1 ANNUAL TOTAL .............................. ........ $ 39,375" ........ $ 4,725* ........ $ 15, 000* ........ $ 2,750* ........ $ 15,000* ........ $ N/A ........ $ 32,000* ........ $ 108,850" TASK 2— MISCELLANEOUS ENGINEERING SERVICES • Task 2 Proposed Fee (annual hourly rate)........... max $ 100,000* PHASEII SUM ........................................................................................................ $ 208,850* subject to an annual adjustment up to the cost of living for Lubbock, Texas published by the Bureau of Labor and Statistics Table 9 PHASE III — MISCELLANEOUS LANDFILL DEVELOPMENT PROJECTS TASK 3— LANDFILL GAS COLLECTION/CONTROL SYSTEM PLAN • Task 3 Proposed Fee ............................................................. TBD TASK 4— CALICHE CANYON (MSW# 69) FINAL CLOSURE • Task 4 Proposed Fee .................. TBD PHASEIII SUM .................................................................................................................TBD If you have any questions, please contact me at TStiggins@Parkhill.com or 806.473.3683. We look forward to continuing to service the Ciry of Lubbock. Sincerely, PARKHILL By /!�( - odd E. Stig ' s, PE Principal TES/pg Enclosures SCOPE OF SERVICES PHASE I— MSW ENGINEERING SERVICES THROUGH SEPTEMBER 30, 2024 TASK 1- OPERATING BUDGET/ENVIRONMENTAL EXPENSES These projects will be billed on hourly rates with reimbursables and maximum not-to-exceed, as indicated herein: Subtask 1.1 - GROLTNDWATER MONITORING Groundwater monitoring will continue at the City's landfills until the site completes the post-closure care period. ENGINEER will perform the following services for groundwater monitoring at Caliche Canyon and WTRDF: o Coordinate with City's laboratory testing consultant of samples for associated constituents; o Compile and submit electronic fles to TCEQ. o Perform statistical analysis of testing results. o Prepare and submit analytical reports to TCEQ; and o Create background database update report. Subtask 1.1 Proposed Fee (hourly w/ max) ..........................................$18,850 Subtask 1.2 - GREENHOUSE GAS REPORTS As part of the EPA's Greenhouse Gas (GHG) reporting rule, the City's landfills are subject to annual GHG emissions reporting. Our fee is based on the following Scope of Services: o Process waste acceptance data from previous year. o Perform emission calculations. o Generate draft GHG report. o Review draft report with City staff. o Incorporate comments from City staff. o Submit final GHG report to EPA; and o Prepare report documentation for recordkeeping. Subtask 1.2 Proposed Fee (hourly wl max) ............................................$3,000 Page 1 of 10 Subtask 1.3 - TCEO ANNUAL REPORTS AND VOLUME STATUS REPORTS ENGINEER will retain services of a surveying firm to perform a topographiclphotogrammetric survey of active portions of your landfills. Upon receipt of survey data, ENGINEER will analyze the previous year's waste data and determine compaction rates, waste acceptance rates, and life projections of currently active cells. The annual volume report required by TCEQ is to be prepared and submitted in November 2024, thus preparation and submittal is not included in Phase I. Fee is based on the following scope of services: o ENGINEER to perform topographicl photogrammetric survey of active portions. o Determine waste volume in place from previous operating year. o Calculate compaction and waste acceptance rates. o Determine projected life of active cells. o Prepare summary of data for use by City staff. Subtask 1.3 Proposed Fee (hourly w/ max) ..........................................$12,200 Subtask 1.4 — Non-Methane Or�anic Compounds (NMOC) ANNUAL REPORTS To remain in compliance with air permits, NMOC calculations will be updated annually. Both landfills will have NMOC reports prepared based on the following Scope of Services: o Process waste acceptance data from previous year. o Perform emission calculations. o Generate draft NMOC report. o Review draft report with City staff. o Incorporate comments from City staff; and o Prepare report documentation for recordkeeping. Subtask 1.4 Proposed Fee (hourly w/ max) ............................................$2,750 Subtask 1.5 — FLARE MAINTENANCE Maintenance of Landfill Gas Collection and Control System (LFGCCS) Flare systems at Caliche Canyon and Kings Park is on-going. ENGINEER will coordinate with third party contractor on an as-needed basis as requested by the City. Subtask 1.5 Proposed Fee (hourly wl max) ..........................................$15,000 Page 2 of 10 Subtask 1.6 - NMOC TIER II TESTING To remain in compliance with state and federal regulations, NMOC Tier II testing must be completed in calendar year 2024 at Caliche Canyon. At Caliche Canyon, samples may be collected from the gas collection system if oxygen levels are below 5°/0. ENGINEER will review results of the analysis and calculate updated NMOC emissions rates. Fee is based on the following Scope of Services: o Perform field survey to locate sample locations. o Collect landfill gas samples as required based on the landfill. o Analyze gas samples for required compounds. o Perform NMOC emission calculations. o Prepare NMOC report for review by City staff; and o Submit necessary documentation to regulatory agencies. Subtask 1.6 Proposed Fee (hourly w/ max) ..........................................$65,000 Subtask 1.7 — CALICHE CANYON SOIL VAPOR EXTRACTION (SVE) STUDY Continue monitoring and reporting to TCEQ the status of the SVE program on going at Caliche Canyon. Monitor data obtained from ground water samplings and provide recommendations to City for implementation of future improvements. Fees for possible TCEQ permit modifications or actual construction projects are not included but will be negotiated once final course of action is approved by TCEQ. Fee is based on the following Scope of Services: o Collect water samples on both City and neighboring private landfill as needed. o Analyze water results following each sampling event (not to exceed 4 events per year). o Provide recommendations to TCEQ and submit reports as required. o Review all results with City staff; and o Submit necessary documentation to regulatory agencies. Subtask 1.7 Proposed Fee (hourly wl max) ..........................................$25,000 END OF TASK 1 SERVICES TASK 2— MISCELLANEOUS ENGINEERING SERVICES During the term of this Contract, other services, (permitting or capital projects), may be identified by the City that are not part of this current scope. The City may request a scope and fee from the ENGINEER to provide necessary professional services as needed. Work will be a lump sum or hourly rate plus reimbursable as mutually agreed. Page 3 of 10 Task 2 covers, but is not limited to, engineering services associated with both operating landfills and the gas system operated at 78th & Orlando. Also includes developing stormwater pollution prevention plans (SWPPP), financial assurance calculations, interim status as well as quarterly volume surveys and reports, and other air and General Operating Permit (GOP) calculations. ENGINEER will also provide any additional operational or compliance engineering tasks as requested by City to maintain regulatory compliance. Payment for services rendered under this section will be in accordance with billing rates shown on Exhibit B- Hourly Rate Schedule, attached hereto. These rates are effective through September 1, 2024. Task 2 Proposed Fee (annual hourly rate) .................................max $60,000 END OF TASK 2 SERVICES END OF PHASE I SERVICES PHASE II — ANNUAL MSW ENGINEERING SERVICES FOR FOUR YEARS (BEGINNING OCTOBER 1, 2024) TASK 1— ANNUAL OPERATING BUDGET/ENVIRONMENTAL EXPENSES These projects will be billed on hourly rates with reimbursables and maximum not-to-exceed, as indicated herein: Subtask 1.1 - GROUNDWATER MONITORING Groundwater monitoring will continue at the City's landfills until the site completes the post-closure care period. ENGINEER will perform the following services for groundwater monitoring at Caliche Canyon and WTRDF: o Coordinate with City's laboratory testing consultant of samples for associated constituents; o Compile and submit electronic files to TCEQ. o Perform statistical analysis of testing results. o Prepare and submit analytical reports to TCEQ; and o Create background database update report. Subtask 1.1 Proposed Fee (hourly wl max) ..........................................$39,375* subject to arr annual adjustment up to the cost of living for Lubbock, Texas published by the Bureau of Labor and Statistics Table 9. Page 4 of 10 Subtask 1.2 - GREENHOUSE GAS REPORTS As part of the EPA's Greenhouse Gas (GHG) reporting rule, the City's landfills are subject to annual GHG emissions reporting. Our fee is based on the following Scope of Services: o Process waste acceptance data from previous year. o Perform emission calculations. o Generate draft GHG report. o Review draft report with City staff. o Incorporate comments from City staff. o Submit final GHG report to EPA; and o Prepare report documentation for recordkeeping. Subtask 1.2 Proposed Fee (hourly w/ max) ............................................$4,725* subject to an annual adjustment up to the cost of livirtg for Lubbock, Texas published by the Bureau of Labor and Statistics Table 9. Subtask 1.3 - TCEQ ANNUAL REPORTS AND VOLUME STATUS REPORTS ENGINEER will retain services of a surveying firm to perform a topographic/photogrammetric survey of active portions of your landfills. Upon receipt of survey data, ENGINEER will analyze the previous year's waste data and determine compaction rates, waste acceptance rates, and life projections of currently active cells. The annual volume report required by TCEQ is to be prepared and submitted in November of every year. An annual report is required for both landfills and the transfer station, once it becomes operational. Fee is based on the following scope of services: o ENGINEER to perform topographic/ photogrammetric survey of active portions. o Determine waste volume in place from previous operating year. o Calculate compaction and waste acceptance rates. o Determine projected life of active cells. o Prepare summary of data for use by City staff. o Complete TCEQ annual report form; and submit annual report form(s) to TCEQ. Subtask 1.3 Proposed Fee (hourly w/ max) ..........................................$15,000* subject to an annual adjustment up to the cost of living for Lubbock, Texas published by the Bureau of Labor and Statistics Table 9. Subtask 1.4 — Non-Methane Or�anic Compounds (NMOC) ANNUAL REPORTS To remain in compliance with air permits, NMOC calculations will be updated annually. Both landfills will have NMOC reports prepared based on the following Scope of Services: o Process waste acceptance data from previous year. o Perform emission calculations. o Generate draft NMOC report. Page 5 of 10 ❑ Review draft report with City staff. o Incorporate comments from City staff; and o Prepare report documentation for recordkeeping. Subtask 1.4 Proposed Fee (hourly wl max) ............................................$2,750* subject to an annual adjustment up to the cost of living for Lubbock, Texas published by the Bureau of Labor and Statistics Table 9 Subtask 1.5 - FLARE MAINTENANCE Maintenance of Landf 11 Gas Collection and Control System (LFGCCS) flares at Caliche Canyon and Kings Park is on-going. ENGINEER will coordinate with third party contractor on an as-needed basis as requested by the City. Subtask 1.5 Proposed Fee (hourly wl max) ..........................................$15,000* subject to an anrtual adjustment up to the cost of living for Lubbock, Texas published by the Bureau of Labor and Statistics Table 9. Subtask 1.6 - NMOC TIER II TESTING NMOC Tier II Testing is not included in Phase II of this scope of services. NMOC Tier II Testing is completed once every five years. Testing is to be completed in Spring 2024 and will not be required again until Spring 2029. Subtask 1.7 - CALICHE CANYON SOIL VAPOR EXTRACTION (SVE S� Continue monitoring and reporting to TCEQ the status of the SVE program on going at Caliche Canyon. Monitor data obtained from ground water samplings and provide recommendations to City for implementation of future improvements. Fees for possible TCEQ permit modifications or actual construction projects are not included but will be negotiated once final course of action is approved by TCEQ. Fee is based on the following Scope of Services: o Collect water samples on both City and neighboring private landfill as needed. o Analyze water results following each sampling event (not to exceed 4 events per year). o Provide recommendations to TCEQ and submit reports as required. o Review all results with City staff; and o Submit necessary documentation to regulatory agencies. Subtask 1.7 Proposed Fee (hourly w/ max) ..........................................$32,000* subject to an annual adjustmerrt up to the cost of living for Lubbock, Texas published by the Bureau of Labor and Statistics Table 9 END OF TASK 1 SERVICES Page 6 of 10 TASK 2— MISCELLANEOUS ENGINEERING SERVICES During the term of this Contract, other services, (permitting or capital projects), may be identified by the City that are not part of this current scope. The City may request a scope and fee from the ENGINEER to provide necessary professional services as needed. Work will be a lump sum or hourly rate plus reimbursable as mutually agreed. Task 2 covers, but is not limited to, engineering services associated with both operating landfills and the gas system operated at 78th & Orlando. Also includes developing stormwater pollution prevention plans (SWPPP), sampling stormwater and industrial wastewater as required at the landfills and transfer station (once operational), financial assurance calculations, interim status as well as quarterly volume surveys and reports, and other air and General Operating Permit (GOP) calculations. ENGINEER will also provide any additional operational or compliance engineering tasks as requested by City to maintain regulatory compliance. Payment for services rendered under this section will be in accordance with billing rates shown on Exhibit B- Hourly Rate Schedule, attached hereto. These rates are effective through September l, 2024 and may be updated each fiscal year thereafter. Task 2 Proposed Fee (annual hourly rate) .................................max $100,000* subject to arr annual adjustment up to the cost of living for Lubbock, Texas published by the Bureau of Labor arrd Statistics Table 9 END OF TASK 2 SERVICES END OF PHASE II SERVICES PHASE III — MISCELLANEOUS LANDFILL DEVELOPMENT PROJECTS TASK 3— LANDFILL GAS COLLECTION/CONTROL SYSTEM DESIGN Contingent upon the results of Phase I, Subtask 1.5 — NMOC Tier II Testing, the City may be required to prepare a Landfill Gas Collection and Control System (LFGCCS) design plan for submittal to regulatory agencies. The plan and any necessary permitting documents must be prepared and submitted within twelve months. Fee is based on the following Scope of Services: o Prepare a LFGCCS design plan. o Review design plan with City staff; and o Submit necessary documentation to regulatory agencies. Task 3 Fee to be determined at a later date based on scope required and timing of project. END OF TASK 3 SERVICES Page 7 of 10 TASK 4— CALICHE CANYON (MSW#69) FINAL CLOSURE Final closure of Caliche Canyon (MSW#69) is required to be initiated within 180 days of the date waste is last accepted for disposal at the facility. Fee is based on the following Scope of Services: o Design and prepare plans, specifications, and construction documents. o Review design plan with City staff. o Bid assistance. o Construction administration. o Resident project representative services. o Construction testing services. o Prepare final closure documentation; and o Submit necessary documentation to regulatory agencies. Task 4 Fee to be determined at a later date based on scope required and timing of project. END OF TASK 4 SERVICES END OF PHASE III SERVICES Page 8 of 10 SCOPE OF SERVICES SUMMARY PHASE I— MSW ENGINEERING SERVICES THROUGH SEPTEMBER 30, 2024 TASK 1- OPERATING BUDGET/ENVIRONMENTAL EXPENSES o Subtask 1.1 Proposed Fee (hourly w/ max)........... o Subtask 1.2 Proposed Fee (hourly w/ max)........... o Subtask 1.3 Proposed Fee (hourly w/ max)........... o Subtask 1.4 Proposed Fee (hourly w/ max)........... o Subtask 1.5 Proposed Fee (hourly w/ max) ........... o Subtask 1.6 Proposed Fee (hourly w/ max) ........... o Subtask 1.7 Proposed Fee (hourly w/ max) ........... • TASK 1 TOTAL ........................ TASK 2— MISCELLANEOUS ENGINEERING SERVICES • Task 2 Proposed Fee (annual hourly rate) $ $ $ $ $ $ $ 18,850 3,000 12,200 2,750 15,000 65,000 25,000 $ 141,800 max $ 60,000 PHASEI SUM .................................................................................................. $ 201,800 PHASE II — ANNUAL MSW ENGINEERING SERVICES FOR FOUR YEARS TASK 1—OPERATING RU�GET/ENVIRONMENTAL EXPENSES o Subtask 1.1 Proposed Fee (hourly w/ max).... o Subtask 1.2 Proposed Fee (hourly w/ max) .... o Subtask 1.3 Proposed Fee (hourly w/ max).... o Subtask 1.4 Proposed Fee (hourly w/ max) .... o Subtask 1.5 Proposed Fee (hourly w/ max) .... o Subtask 1.6 Proposed Fee (hourly w/ max).... o Subtask 1.7 Proposed Fee (hourly w/ max).... • TASK 1 ANNUAL TOTAL TASK 2— MISCELLANEOUS ENGINEERING SERVICES • Task 2 Proposed Fee (annual hourly rate) 39,375* 4,725 * 15,000* 2,750* 15,000* N/A 32,000* $ 108,850* max $ 100,000* PHASEII SUM ............................................................................................... $ 208,850* subject to an annual adjustment up to the cost of livingfor Lubbock, Texas published by the Bureau of Labor and Statistics Table 9 ...................................... $ ...................................... $ ...................................... $ ...................................... $ ...................................... $ ...................................... $ ...................................... $ Page 9 of 10 PHASE III — MISCELLANEOUS LANDFILL DEVELOPMENT PROJECTS TASK 3— LANDIFLL GAS COLLECTION/CONTROL SYSTEM PLAN • Task 3 Proposed Fee ............................................................ TBD TASK 4— CALICHE CANYON (MSW# 69) FINAL CLOSURE • Task 4 Proposed Fee ............................................................ TBD PHASEIII SUM ....................................................................................................... TBD Page 10 of 10 Parkhill Hourly Rate Schedule January 1, 2024 through December 31, 2024 Client: City of Lubbock Agreement Date: CLASSIFICATION iUPPORTSTAFFI �UPPORT STAFF II Project: Lubbock MSW FY 2024 Misc. Services Location: Lubbock, Texas HOURLY RATE CLASSIFICATION STAFF III STAFF IV STAFF V STAFF VI PROFESSIONAL LEVEL I Architect Civil Engineer Electrical Engineer Interior Designer Landscape Architect Mechanical Engineer Structural Engineer Survey Tech Other Professional PROFESSIONAL LEVEL 11 Architect Civil Engineer Electrical Engineer Interior Designer Landscape Architect Mechanical Engineer Structural Engineer Survey Tech Other Professional $75.00 $103.00 $110.00 $122.00 $132.00 $129.00 $141.00 $144.00 $123.00 $123.00 $135.00 $135.00 $115.00 $121.00 $140.00 $158.00 $163.00 $129.00 $129.00 $155.00 $153.00 $125.00 $127.00 HOURLY HOURLY RATE CLASSIFICATION RATE LEVEL III Architect Civil Engineer Electrical Engineer Interior Designer Landscape Architect Mechanical Engineer Structural Engineer Survey Tech Other Professional PROFESSIONAL LEVEL IV Architect Civil Engineer Electrical Engineer Interior Designer Landscape Architect Mechanical Engineer Structural Engineer Survey Tech Other Professional PROFESSIONAL LEVEL V Architect Civil Engineer Electrical Engineer Interior Designer Landscape Architect Mechanical Engineer Structural Engineer Professional Land Surveyor Other Professional $159.00 $195.00 $190.00 $142.00 $153.00 $181.00 $188.00 $146.00 $140.00 $227.00 $223.00 $217.00' $177.00 � $165.00 $236.00 $274.00 $272.00 $187.00 $202.00 $259.00 $262.00 $206.00 $184.00 PROFESSIONAL LEVEL VI Architect Civil Engineer Electrical Engineer Interior Designer Landscape Architect Mechanical Engineer Structural Engineer Professional Land Surveyor Other Professional PROFESSIONAL LEVEL VII Architect Civil Engineer Electrical Engineer Interior Designer Landscape Architect Mechanical Engineer Structural Engineer Professional Land Surveyor Other Professional $262.00 $295.00 $307.00 $226.00 $244.00 $294.00 $282.00 $228.00 $222.00 $336.00 $352.00 $352.00 $253.00 $336.00 $336.00 $352.00 $274.00 $336.00 Expenses: Reimbursement for expenses as listed, but not limited to, incurred in connection with services, will be at cost plus 15 percent for items such as: 1. Maps, photographs, postage, phone, reproductions, printing, equipment rental, and special supplies related to the services. 2. Consultants, soils engineers, surveyors, contractors, and other outside services. 3. Rented vehicles, local public transportation and taxis, road toll fees, travel, and subsistence. 4. Special orjob-specific fees, insurance, permits, and licenses applicable to work services. S. Mileage at IRS-approved rate. Rate for professional staff for legal proceedings or as expert witnesses will be a rate one-and-a-half times these Hourly Rates. Excise and gross receipt taxes, if any, will be added as an expense. Foregoing Schedule of Charges is incorporated into the Agreement for Services provided, effective lanuary 1, 2024 through December 31, 2024. After December 31, 2024, invoices will reflect the Schedule of Charges currently in effect.