HomeMy WebLinkAboutResolution - 2013-R0398 - Agreement - Parkhill, Smith, And Cooper Inc.- Engineering Services, Solid Waste - 11/21/2013RESOLUTION
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, Professional Services Agreement No.
11347 for professional engineering services associated with the Solid Waste Department
operations, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., 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.
assed by the City Council on
November 21, 2013
i
r
2 �-7
are Gibson, Mayor o Tem
ATTEST:
Re4ca Garza, City Secrtary
APPROVED AS TO CONTENT:
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
60-1�4-u�
!Chad Weaver, Assistant City Attorney
vw:ccdocs/RES. PSA-PS&C
October 24, 2013
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
This Agreement (Agreement), effective as of the 21st day of November 2013, is
by and between City of Lubbock, Texas (City), a Texas home rule municipal corporation, and
Parkhill, Smith & Cooper, Inc. (Engineer), a Texas Corporation authorized to conduct business
in Texas.
WITNESSETH
WHEREAS, the City desires to obtain professional engineering services or permitting
amendments or modifications as necessary for both new and proposed capital projects as well
as various professional engineering services needed to maintain compliance with TCEQ rules
and regulations. Projects may be at any of the City's municipal solid waste facilities and may
include collection, disposal, transfer or other related activity requiring the services of licensed
professional engineering or other professional services (the "Activities"); and
WHEREAS, Engineer has a professional staff experienced and is qualified to provide
professional engineering services related to Activities, and will provide the services, as defined
below, for the price provided herein, said price stipulated by City and Engineer to be a fair and
reasonable price; and
WHEREAS, the City desires to contract with Engineer to provide professional
engineering 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 Contract, the City and Engineer hereby agree as follows:
ARTICLE I. TERM
The term of this Contract commences on'the Effective Date and continues without
interruption for a term of five consecutive calendar years beginning on January 1, 2014, as set
forth in Exhibit "A", "Scope of Services", attached hereto (the "Services") and made a part of
this Agreement for all purposes. If the Engineer determines that additional time is required to
complete the services, the City Manager, or her/his designee, may execute an agreement to
grant up to an additional six months of time so long as the amount of the consideration does not
increase. An amendment to this agreement resulting in any increase in the consideration must
be approved by the City acting through its governing body.
Page 1 of 19
ARTICLE II. SERVICES AND COMPENSATION
A. Engineer shall conduct all activities and within such timeframes as set forth on in the
Scope of Services included as Exhibit "A" attached hereto (the "Scope of Services").
B. Engineer shall receive as consideration to be paid for the performance of the Scope of
Services set forth in Exhibit "A" based on the proposed fees to be paid either lump sum or
hourly and unit rates as shown on each task.
C. For services rendered on an hourly rate basis, Engineer will be paid at the rates
included in Exhibit `B" attached hereto (the "Hourly Rate Schedule"). These rates will be
updated annually beginning January 1 of each calendar year during this contract period.
ARTICLE III. TERMINATION
A. General. City may terminate this Contract, for any reason or convenience, upon thirty
(30) days written notice to Engineer. In the event this Agreement is so terminated, the City
shall only pay Engineer for services actually performed by Engineer up to the date Engineer is
deemed to have received notice of termination as provided herein.
B. Termination and Remedies. In the event Engineer breaches any term and/or provision
of this Contract the City shall be entitled to exercise any right or remedy available to it by this
Contract, at law or equity, including without limitation, termination of this Contract and
assertion of action for damages and/or injunctive relief. The exercise of any right or remedy
shall not preclude the concurrent or subsequent exercise of any other right or remedy and all
other rights and remedies shall be cumulative.
ARTICLE IV. NON -ARBITRATION
A. 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
document, this provision shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. Engineer is a corporation duly organized, validly existing, and in good
standing under the laws of the State of Texas and is qualified to carry on its business in the
State of Texas.
Page 2 of 19
B. Corporate Power. Engineer has the corporate power to enter into and perform this
Contract and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the
activities contemplated hereby have been duly and validly authorized by all the requisite
corporate action on the part of Engineer. This Contract constitutes legal, valid, and binding
obligations of the Engineer and is enforceable in accordance with the terms thereof.
D. Engineer. Engineer maintains a professional staff and employs, as needed, other
qualified specialists experienced in providing the Services, and are familiar with all laws, rules,
and regulations, both state and federal, including, without limitation the applicable laws,
regarding the activities contemplated hereby.
E. Performance. Engineer will and shall conduct all activities contemplated by this
Contract in accordance with the standard of care, skill and diligence normally provided by a
professional person in performance of similar professional engineering services, and comply
with all applicable laws, rules, and regulations, both state and federal, relating to professional
engineering services, as contemplated hereby.
F. Use of Copyrighted Material. Engineer warrants that any materials provided by
Engineer for use by City pursuant to this Contract 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 or ordinance relating to the use or reproduction of materials. Engineer
shall be solely responsible for ensuring that any materials provided by Engineer pursuant to this
Contract satisfy this requirement and Engineer agrees to indemnify and hold City harmless
from all liability or loss caused to City or by to which City is exposed on account of
Engineer's failure to perform this duty.
G. Engineer warrants that it shall perform the Services in accordance with the standards
of care and diligence normally practiced by recognized engineering firms in performing
services of a similar nature. If, during the six month period following the earlier of completion
or termination of the Services it is shown there is an error in the Services caused solely by
Engineer's failure to meet such standards, and City has promptly notified Engineer in writing of
any such error within that period, Engineer shall perform, at Engineer's cost, such corrective
engineering services within the original Scope of Services as may be necessary to remedy such
error.
ARTICLE VI. SCOPE OF WORK
Engineer shall provide Professional Engineering Services related to the project as
detailed in Exhibit "A", "Scope of Work".
Page 3 of 19
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
Engineer and City agree that Engineer shall perform the duties under this Contract as an
independent contractor and shall be considered as independent contractor under this Agreement
and/or in its activities hereunder for all purposes. 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, Engineer and Engineer's employees and/or subconsultants, 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.
ARTICLE VIII. INSURANCE
A. Engineer shall procure and carry, at its sole cost and expense through the life of this
Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to
City, carried with an insurance company authorized to transact business in the state of Texas,
covering all aspects and risks of loss of all operations in connection with this Agreement,
including without limitation, the indemnity obligations set forth herein.
B. Engineer shall obtain and maintain in full force and effect during the term of this
Agreement, and shall cause each approved subcontractor or subconsultant of Engineer to obtain
and maintain in full force and effect during the term of this Agreement, commercial general
liability, professional liability and automobile liability coverage for non -owned and hired
vehicles with insurance carriers admitted to do business in the state of Texas. The insurance
companies must carry a Best's Rating of A -VII or better. Except for Professional Liability, the
policies will be written on an occurrence basis, subject to the following minimum limits of
liability:
Commercial General Liability:
Combined Single Limit:
Professional Liability:
Combined Single Limit:
Automobile Liability:
Combined Single Limit for any auto:
$1,000,000
$1,000,000
$1,000,000 Per Occurrence
C. Engineer shall further cause any approved subcontractor or subconsultant to procure
and carry, during the term of this Agreement, Professional Liability coverage, as specified
above for Engineer, protecting City against direct losses caused by the professional negligence
of the approved subcontractor or subconsultant.
Page 4 of 19
D. The City shall be named as additional insured with respect to the the Automobile
Liability and Commercial General Liability on a primary and non contributory basis and shall
be granted a waiver of subrogation under those policies. Engineer shall provide a Certificate of
Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of
cancellation. A copy of the additional insured endorsement and waiver of subrogation attached
to the policy will be provided along with the Certificate. The additional insured endorsements
shall include Products and Complete Operations. Copies of all endorsements are required.
E. Engineer shall elect to obtain worker's compensation coverage pursuant to Section
406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout
the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor
Code to ensure that the Engineer maintains said coverage. 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 of
Lubbock.
F. If at any time during the life of the Agreement or any extension hereof, Engineer fails
to maintain the required insurance in full force and effect, Engineer shall be in breach hereof
and all work under the Agreement shall be discontinued immediately.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING
OF CONSULTANTS
Engineer may employ or retain consultants, contractors, or third parties (any of which
are referred to herein as "Subconsultant"), to perform certain duties of Engineer provided that
City approves the retaining of Subconsultants. Engineer is at all times responsible to City to
perform the Services as provided in this Agreement and Engineer is in no event relieved of any
obligation under this Contract upon retainage of any approved Subconsultant. Any agent
and/or Subconsultant retained and/or employed by Engineer shall be required to carry, for the
protection and benefit of the City and Engineer and naming said third parties as additional
insureds, insurance as described above in this Contract.
ARTICLE X. CONFIDENTIALITY
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
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
Page 5 of 19
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 ENGINEER, ITS AGENTS,
EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE,
OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF
OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION
PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OF TERMINATION OF THIS
AGREEMENT.
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
Engineer shall comply with all applicable federal, state and local laws, statutes,
ordinances, rules and regulations relating, in any way, manner or form, to the activities under
this Contract, and any amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from Engineer to City or City to Engineer is required or
permitted by this Contract and no other method of notice is provided, such notice shall be given
by (1) actual delivery of the written notice to the other party by hand (in which case such notice
shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective
upon delivery); or (3) by depositing the written notice in the United States mail, properly
addressed to the other party at the address provided in this article, registered or certified mail,
return receipt requested, in which case such notice shall be effective on the third business day
after such notice is so deposited.
B. Engineer's Address. Engineer's address and numbers for the purposes of notice are:
Robert H. (Holly) Holder, P.E.
Parkhill, Smith & Cooper, Inc.
4222 85`h St.
Lubbock, Texas 79423
Telephone: 806-473-2200
Facsimile: 806-473-3500
C. City's Address. The City's address and numbers for the purposes of notice are:
Catrennia Williamson
City of Lubbock
P. O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: (806) 757-2151
Facsimile: (806) 757-2219
Page 6 of 19
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 Contract, 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
City shall furnish Engineer non -confidential studies, reports and other available data in
the possession of the City pertinent to Engineer's Services, so long as City is entitled to rely on
such studies, reports and other data for the performance of Engineer's Services under this
Contract (the "Provided Data"). Engineer shall be entitled to use and rely, so long as such
reliance is reasonable, upon all such Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are inserted in
this Contract strictly for the parties' convenience in identifying the provisions to this Contract
and shall not be given any effect in construing this Contract.
B. Audit. 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, Engineer's books and
records with respect to this Contract between Engineer and City.
C. Records. Engineer shall maintain records that are necessary to substantiate the
services provided by Engineer.
D. Assignability. Engineer may not assign this Contract without the prior written
approval of the City.
E. Successor and Assigns. This Contract binds and inures to the benefit of the City and
Engineer, and in the case of City, its respective successors, legal representatives, and assigns,
and in the case of Engineer, its permitted successors and assigns.
F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS
CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES
HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION
AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF
TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL
PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE
ACTIONS THAT ARE CONTEMPLATED HEREBY.
Page 7 of 19
G. Severability. If any provision of this Contract is ever held to be invalid or
ineffective by any court of competent jurisdiction with respect to any person or circumstances,
the remainder of this Contract 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
Contract shall be binding unless such amendment, modification, or alteration is in writing,
dated subsequent to this Contract, and duly authorized and executed by Engineer and City.
I. Entire Agreement. This Contract, including Exhibit "A", attached hereto, contains
the entire Contract between the City and Engineer, and there are no other written or oral
promises, conditions, warranties, or representations relating to or affecting the matters
contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint
venture, joint enterprise, partnership or principal — agent relationship between Engineer and the
City.
K. Documents Owned by City. All documents, including drawings, specifications and
computer software prepared by Engineer pursuant to this Agreement are instruments of service
in respect to this Project. They are not intended or represented to be suitable for reuse by City
or others on extensions of this Project or on any other project. Any reuse without written
verification or adaptation by Engineer for the specific purpose intended will be at City's sole
risk and without liability or legal exposure to Engineer.
L. Notice of Waiver. A waiver by either City or Engineer of a breach of this Agreement
must be in writing to be effective. In the event either party shall execute and deliver such
waiver, such waiver shall not affect the waiving party's rights with respect to any other or
subsequent breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any
rights or benefits whatsoever to any party other than City and Engineer.
N. Extent of Responsibility. Engineer does not guarantee that proposals, bids or actual
project costs will not vary from Engineer's opinions of probable cost or that actual schedules
will not vary from Engineer's projected schedules. Engineer shall not be responsible for: (1)
construction means, methods, techniques, sequences, procedures, or safety precautions and
programs in connection with the Project; (2) the failure of any contractor, subcontractor,
vendor, or other Project participant, not under contract to Engineer, to fulfill contractual
responsibilities to the Client or to comply with federal, state, or local laws, regulations, and
codes; or (3) procuring permits, certificates, and licenses required for any construction unless
such responsibilities are specifically assigned to Engineer in Exhibit A, Scope of Services.
Page 8 of 19
O. Unforeseen Circumstances. Except for Client's obligation to make payments,
neither party shall be in default hereunder to the extent such default is caused by a cause or
circumstance beyond such party's reasonable control. Engineer shall be entitled to an equitable
adjustment in schedule and compensation in the event such circumstances occur.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
Karepr�Gibson, Mayvf3ro Tem
ATTEST:
eb ca Garza, Cityccretary
AS TO
�9J
Manager
Scott Snider, Assistant City Manager
AP PR V A TO FORM:
Chad Weaver, Assistant City Attorney
PARKHILL, SMITH & COOPER, INC.
By: &y4tA- 14�
Name: Robert H. ('0 Holder, P.E.
Title: Firm Principa ector Director
Page 9 of 19
EXHIBIT A
SCOPE OF SERVICES
TASK 1 - CAPITAL IMPROVEMENTS PROJECTS
These projects will be billed as either lump sum or as hourly rate with reimbursables with
maximum not -to -exceed, as indicated below.
Subtask 1.1 Cell 5 Development and Leachate Evaporation Pond at WTRDF
Engineer will prepare plans and specifications for development of Cell 5 and an
additional leachate evaporation pond at WTRDF. Engineer will also provide design,
bid, and construction phase services including preparation of liner evaluation reports
for Cell 5 and for the leachate evaporation pond. Fees for this project are a combination
of lump sum and reimbursables and hourly rate tasks, as shown below. Design is
scheduled to begin in August 2014.
Subtask 1.1 Proposed Fee Total................................................................. $6051,000
Lump Sum Fee Total ................................................... $469,400
Engineering ............................................. $285,000
Bid Phase .................................................. $25,400
Construction Phase .................................... $40,200
Liner Evaluation Reports ........................ $1189800
Hourly Rate/Reimbursable Fee Total .......................... $135,600
Design Survey ............................................. $6,900
Third Party QA/QC................................... $675100
Construction Survey .................................. $13,800
Construction Testing ................................. $42,300
Printing/Reproduction................................. $5,500
Page 10 of 19
Subtask 1.2 Cell VI, Phase 4 Development at Caliche Canyon
Engineer will prepare plans and specifications for development of the remaining
portion of Cell VI at Caliche Canyon. We will also provide design, bid, and
construction phase services including preparation of the liner evaluation report for
Phase 4 of Cell VI. Fees for this project are a combination of lump sum and hourly rate,
as shown below. Design is scheduled to begin in August 2016.
Subtask 1.2 Proposed Fee Total................................................................. $201,000
Lump Sum Fee Total ................................................... $120,000
Engineering ............................................... $80,000
Bid Phase .................................................... $5,000
Construction Phase .................................... $15,000
Liner Evaluation Reports .......................... $20,000
Hourly Rate/Reimbursable Fee Total ............................ $81,000
Design Survey ............................................. $5,000
Third Party QA/QC................................... $48,000
Construction Survey .................................. $10,000
Construction Testing ................................. $15,000
Printing/Reproduction................................. $3,000
TASK 2 - OPERATING BUDGET/ENVIRONMENTAL EXPENSES FOR FIVE YEARS
These projects will be billed as hourly rate with reimbursables with maximum not -to -exceed, as
indicated below.
Subtask 2.1 Groundwater Monitoring
Groundwater monitoring will continue at City's landfills until the site has completed
the post -closure care period. Engineer will perform the following services for
groundwater monitoring at Caliche Canyon and WTRDF.
• Laboratory testing of samples for associated constituents
• Compile and submit electronic files to TCEQ
• Perform statistical analysis of testing results
• Prepare and submit analytical reports to TCEQ
• Create background database update report
Subtask 2.1 Proposed Fee (Hourly w/ Max) .............................................. $155,200
Page 11 of 19
Subtask 2.2 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:
• Process waste acceptance data from previous year
• Perform emission calculations
• Generate draft GHG report
• Review draft report with city staff
• Incorporate comments from city staff
• Submit final GHG report to EPA
• Prepare report documentation for recordkeeping
Subtask 2.2 Proposed Fee (Hourly w/ Max) ................................................ $17,400
Subtask 2.3 TCEQ Annual Reports & Volume Status Reports
The annual volume report required by TCEQ is to be prepared and submitted following
the end of the state's fiscal year. Engineer will retain services of a surveying firm to
perform a topographic survey of the 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.
Our fee is based on the following scope of services:
• Subconsultant to perform topographic survey of active portions
• Determine waste volume in place from previous operating year
• Calculate compaction and waste acceptance rates
• Determine projected life of active cells
• Prepare summary of data for use by city staff
• Complete TCEQ annual report form
• Submit annual report form to TCEQ
Subtask 2.3 Proposed Fee (Hourly w/ Max) ................................................ $25,800
Subtask 2.4 NMOC Annual Reports
To remain in compliance with your air permits, NMOC calculations will be updated
annually. Both landfills will have NMOC reports prepared based on the following
scope of services:
• Process waste acceptance data from previous year
• Perform emission calculations
• Generate draft NMOC report
• Review draft report with city staff
• Incorporate comments from city staff
• Prepare report documentation for recordkeeping
Subtask 2.4 Proposed Fee (Hourly w/ Max) ................................................ $47,100
Page 12 of 19
Subtask 2.5 Flare Maintenance
Maintenance of the flare system at Caliche Canyon and Kings Park is an on-going
process. We will coordinate with John Zink on a semi-annual basis to inspect both flare
systems.
Subtask 2.5 Proposed Fee (Hourly w/ Max) ................................................ $62,300
Subtask 2.6 NMOC Tier II Testing
To remain in compliance with state and federal regulations, NMOC Tier II testing
needs to be completed no later than March 2018 at both landfills. No more than 50
landfill gas samples will be taken from the landfill and analyzed by an air testing
laboratory. ENGINEER will review the results of the analysis and calculate updated
NMOC emissions rates. Our fee is based on the following scope of services:
• Perform field survey to locate sample locations
• Collect 50 landfill gas samples from areas with waste greater than two years old
• Analyze gas samples for required compounds
• Perform NMOL emission calculations
• Prepare NMOC report for review by city staff
• Submit necessary documentation to regulatory agencies
Subtask 2.6 Proposed Fee (Hourly w/ Max) ................................................ $80,000
Subtask 2.7 Miscellaneous Projects/TCEQ Responses
This subtask covers engineering services associated with storm water pollution
prevention plans, transfer station, financial assurance, interim status reports, and other
air permit calculations.
Subtask 2.7 Proposed Fee (Hourly w/ Max) ................................................ $75,000
Page 13 of 19
TASK 3 - MSW OPERATIONS STUDY
Subtask 3.1 Preliminary Data Request
Approximately five working days following receipt of the Notice -to -Proceed for the
project, we will provide the City with a preliminary data request that encompasses data
needs for analyzing the City's disposal and residential collection operations. The data
request will itemize our list of desired items for understanding the operating
characteristics and cost drivers of the landfill. The information to be requested will
encompass the following areas:
• Organizational charts and reporting relationships for the solid waste operations
• Solid waste ordinances and policy statements
• Applicable solid waste quantity reports (tons disposed, customer counts)
• Historical expenditure and revenue data, as well as projected budgets for the
targeted operations and the Solid Waste Department as a whole
• Field personnel rosters and salary information for solid waste staff
• Vehicle and equipment inventories, including delineation of active and spare
vehicles
• Vehicle and equipment maintenance practices and cost data
We would request that the City submit as much of this information as possible at least
five working days before the kick-off meeting to give us the opportunity to review and
be ready to discuss your operations in detail.
Subtask 3.1 Proposed Fee (Lump Sum) ......................................................... $2,900
Subtask 3.2 On -Site Kick-off Meeting
We will coordinate with the City staff to schedule an on-site kick-off meeting to initiate
the project. The meeting(s) will be designed to accomplish several objectives,
including:
• Introduce our team members
• Develop a further understanding of the key issues confronting the city
• Offer an opportunity to have some preliminary discussion of these key issues
and any others that may arise
We expect the kick-off meeting(s) will last up to four hours. We would like the City to
coordinate with any and all relevant stakeholders and request that they be present. We
will provide an agenda and any handouts needed for the meeting. At the conclusion of
the kick-off meeting, we will prepare a meeting summary that presents the results of the
meeting, and the key issues identified.
Subtask 3.2 Proposed Fee (Lump Sum) ......................................................... $6,600
Page 14 of 19
Subtask 3.3 Additional Data Request
The kick-off meeting will help to identify and develop consensus about those issues or
practices that need further analysis as part of this project. Based on the feedback
received at the kick-off meeting, we anticipate issuance of a secondary data request to
supplement the preliminary data request. The secondary data request would be
included in the summary meeting packet, and would include an index of all data in both
the preliminary and secondary data requests.
We recognize that the City may not have all information requested readily available or
may track information differently than as requested. We will work with appointed City
staff to arrive at reasonable substitutes for key data, if needed.
Subtask 3.3 Proposed Fee (Lump Sum) ......................................................... $4,200
Subtask 3.4 Residential Collection Review
During this subtask, we will review the residential collection operation. The collection
review will address refuse and recycling. We will provide individual assessments of
each collection operation. Issues to be addressed during the review of this program
include:
• Routing process
• Daily work schedules
• Utilization of operational reports (daily driver logs, etc.)
• Staffing, including use of overtime and temporary personnel
• Vehicle inventory, inspection, maintenance and replacement
• Disposal processing
• Utilization of personnel and equipment, including:
o Collection efficiency (e.g., number of houses collected per route for
residential collection)
o On -route collection practices
o Non -collection time (travel, down time, breaks, etc.)
Specific to the recycling and green waste collection programs, we will also address:
• Participation and set -out rates
• Diversion rates
• Public education
Subtask 3.4 Proposed Fee (Lump Sum) ....................................................... $25,300
Page 15 of 19
Subtask 3.5 Landfill Review
We will conduct an analysis on various aspects of the landfill operation to determine
the efficiency of the operation and compared to other municipally -operated landfills.
• Scalehouse operations and processing of incoming and outgoing vehicles
• Management of vehicle traffic on the landfill face
• Waste compaction, working face operations, and daily cover practices
• Litter control and grounds keeping
• Adequacy and maintenance of landfill equipment
• Organizational structure and staffing levels, including productive work time and
break time
Subtask 3.5 Proposed Fee (Lump Sum) ....................................................... $251,100
Subtask 3.6 Identify Opportunities for Cost Savings
During our review of each operation, we will identify potential options for cost savings.
We will provide the City with a matrix of scenarios that could be implemented. The
matrix will be prioritized based on our opinion regarding which opportunities are likely
to yield greater cost savings. Within the matrix, we will also provide a brief description
of the changes to be made and a planning level range of potential cost savings. For
example, there may be alternative collection equipment that is better suited to
performing collection compared to the City's current vehicle configuration.
Subtask 3.6 Proposed Fee (Lump Sum) ....................................................... $13,500
Subtask 3.7 Workshop to Discuss Draft Results
It is envisioned that a working group meeting would be held to present the key findings
of the field observations, interviews and analysis. The working group meeting will
provide us an opportunity to report on what we experienced, and to confirm that our
observations were consistent with standard operating procedures. We will work with
the City to schedule the meeting. This workshop will be attended by up to four
members of our team. We will develop power point presentations, handouts, and
agendas, and other materials to use during the work session.
Subtask 3.7 Proposed Fee (Lump Sum) ......................................................... $8,600
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Subtask 3.8 Financial Review and Valuation of Current Landfill Operation
The goal of this subtask is to determine the value of the City's landfill, both to a private
company and to the City, based on the current operations. In order to do so, we will
first conduct a financial review of the landfill to identify components of the landfill
budget, such as:
• Direct operating costs for landfill operation;
• Value of "free" or "in-kind" services;
• Administrative costs, fund transfers and other indirect costs
• Reserve fund balances and annual contributions for closure/post-closure, vehicle
replacement, etc.
• Debt service payments and associated assets
• Revenue sources
After conducting the financial review, we will develop a pro forma financial projection
based on the current operations and the anticipated life of the landfill. The pro forma
will provide a projection of future cash flow generated from the landfill operation. We
will develop two versions of the pro forma: one that represents a fair market value (to
an outside company) and one that represents the value to the City. Although private
companies must pay taxes, they also have a higher cost of capital and must generate
greater profits than a municipal operation. Therefore the difference in value can
sometimes be significant. The landfill valuation developed in this subtask will be the
"baseline" valuation.
Subtask 3.8 Proposed Fee (Lump Sum) ....................................................... $15,200
Subtask 3.9 Valuation Scenarios
For this subtask we will run up to three scenarios of the financial pro forma and
valuation. The three scenarios may differ from the baseline based on several factors,
including:
• Incoming tonnage
• Cost saving strategies
• Revenue enhancement opportunities
Conducting these scenarios will provide the City a better sense of the range of value of
the landfill based varying factors that contribute to the value.
Subtask 3.9 Proposed Fee (Lump Sum) ......................................................... $7,900
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Subtask 3. 10 Report Preparation and Presentation
We will prepare a report summarizing our findings of the landfill disposal operations
and financial valuation. A draft report will be provided to the City for review and
comment. Comments received from the City will be incorporated, as appropriate, and a
final report will be delivered to the City. The final report will be completed within two
weeks of receiving comments from the City regarding the draft report. A presentation
of the project results will be made to an audience of the City's choice.
Subtask 3.10 Proposed Fee (Lump Sum) ..................................................... $15,600
Subtask 3.11 Franchise Fees Analysis
We understand that commercial refuse collection in the City is provided in an open and
competitive manner. Under this scenario, there is no financial compensation to the City
for granting the right to provide commercial refuse collection over and across the City's
infrastructure. As another revenue enhancement opportunity for the City, we will also
estimate the amount of revenue the City could potentially generate it were to implement
commercial collection franchise fees.
Subtask 3.11 Proposed Fee (Lump Sum) ....................................................... $8,400
TASK 4 — MISCELLANEOUS ENGINEERING SERVICES
During the term of this contract, other services, either permitting or capital projects, may be
identified by City that are not a part of this current scope. City may request a scope and fee
from Engineer to provide necessary professional services as needed. Work will be either a lump
sum or hourly rate plus reimbursable as mutually agreed.
Payment for services rendered under this section will be in accordance with the billing rates
shown on Exhibit `B" attached hereto (the "Hourly Rate Schedule"). These rates are effective
through December 31, 2015 and may be updated each calendar year after that date and effective
the following January 1.
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EXHIBIT B
HOURLY RATE SCHEDULE
Client: City of Lubbock
Project: Municipal Solid Waste Engineering Services
Agreement Date:
Classification Hourly Rate
PROFESSIONAL LEVEL VII
Engineer VII
Architect VII
Landscape Architect VII
Interior Designer VII
PROFESSIONAL LEVEL VI
Engineer VI
Architect VI
Landscape Architect VI
Interior Designer VI
PROFESSIONAL LEVEL V
Engineer V
Architect V
Landscape Architect V
Interior Designer V
PROFESSIONAL LEVEL IV
Engineer III, IV
Architect IV, Intern (Architect) IV
Landscape Architect IV
Interior Designer IV
Technologist IV
Resident Project Representative IV
Parkhill, Smith & Cooper, Inc.
Hourly Rate Schedule
Current through December 31, 2015
Effective January 1, 2014
Classification Hourly Rate
$199.00 PROFESSIONAL LEVEL I $89.00
Intern (Architect) I
Intern (Interiors) I
Intern (Landscape Architect) I
Technologist I
Resident Project Representative I
$168.00 Clerical Supervisor I
SUPPORT STAFF III $86.00
Engineering Technician III, IV
CADD III, IV
Administrative Secretary III
$149.00 Architect Technician III, IV
Project Assistant I/II
SUPPORT STAFF II $77.00
Architect Technician I, II
Engineering Technician I, II
$130.00 CARD 1, II
Accounting Clerk I, II
Administrative Secretary I, II
Project Assistant EL
Word Processor I, II
Receptionist I, II
File Clerk I
PROFESSIONAL LEVEL III $109.00
Engineer I/II
Architect III, Intern (Architect) III
Landscape Architect III
Intern (Landscape Architect) III
Interior Designer III
Technologist III
Resident Project Representative III
PROFESSIONAL LEVEL II $97.00
Intern (Architect) II
Interior Designer II, Intern (Interiors) II
Landscape Architect H
Technologist II
Resident Project Representative H
Clerical Supervisor II
Expenses
SUPPORT STAFF I $45.00
Architectural Student EL
Engineering Student EL
Landscape Architecture Student EL
Interiors Student EL
CADD EL
Accounting Clerk EL
Word Processor EL
Receptionist EL
File Clerk EL
Reimbursement for expenses, as listed below, but not limited to, incurred in connection with the services, will be at cost plus ten (10) percent for items such as:
1. Maps, photographs, postage, telephone, reproductions, printing, equipment rental, and special supplies related to the services.
2. Consultants, soils engineers, surveyors, contractors, and other outside services.
3. Rented vehicles, local public transportation and taxis, road toll fees, travel, and subsistence.
4. Special or job specific fees, insurance, permits, and licenses applicable to the work services.
5. Mileage at IRS approved rate.
Rate for professional staff for legal proceedings or as expert witnesses will be a rate one and one-half times the Hourly Rates specified above.
Excise and gross receipts taxes, if any, will be added as an expense.
The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2014 through December 31, 2015. After
December 31, 2015, invoices will reflect the Schedule of Charges currently in effect.
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