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HomeMy WebLinkAboutResolution - 2006-R0365 - Professional Services Contract - Alan Plummer Associates, Inc. - 07_25_2006Resolution No. 2006—RO365 July 25, 2006 Item No. 5.11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement, by and between the City of Lubbock and Alan Plummer Associates, Inc., and all related documents. Said Professional Services Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 25th day of July 2006. v7�r D.AV�IDD A. MILLER, MAYOR ATTEST: 4.R-ecca Garza, City Secretary APPROVED AS TO CONTENT: Thomas Adams, Deputy City Manager APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney mliccdocs/Plummer-Prot_ Services Agree.res May 18, 2006 Resolution No. 2006 RO365 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 25th day of July , 2006, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Alan Plummer Associates, Inc. (the `Engineer"), a Texas Corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in the evaluation of potable water treatment plants, including issues related to energy conservation, mechanical and structural improvements, disinfection improvements, treatment process improvements and current, pending and proposed regulatory requirements (the "Activities"); WHEREAS, the City desires to contract with Engineer to perform services related to the Activities and Engineer desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Engineer agree as follows: ARTICLE I Services 1.01 Engineer shall conduct all activities and within such time frames, as set forth on Exhibit "A", "Scope of Services", attached hereto (the "Services"). ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article I shall be on a lump sum basis. The lump sum due and payable to Engineer shall be $297,358. This amount shall be invoiced to the City upon submittal of the final deliverable of the Services to the City and shall be payable by the City within thirty (30) days of receipt of same. Partial payments may be made on a monthly basis based on the percent complete of the work. In the event the City shall direct Engineer to provide any of the Additional Services, as described on Exhibit "A", attached hereto, compensation for such Additional Services shall be payable as set forth thereon. 2.02 This Agreement shall expire three hundred sixty-five (365) days after the execution of this Agreement by City. Additionally, the City may terminate this Agreement by providing written notice to Engineer at least thirty (30) days prior to the effective date of termination as provided in such notice. In the event this Agreement is so terminated, the City shall pay Engineer only for services actually performed by Engineer up to and including the date the Engineer is deemed to have received the City's notice of termination. ARTICLE III Independent Contractor 3.01 It is understood and agreed that Engineer is to perform the Services in a sound and professional manner and exercising the degree of care, skill and diligence in the performance of the Services as is exercised by a professional engineer under similar circumstances and Engineer hereby agrees with the City that the Services shall be so performed. Further, Engineer is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Engineer and Engineer's employees 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 IV Events of Default/Remedies 4.01 a. City's Defaults/Engineer's Remedies. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by Engineer to perform hereunder, Engineer may, if said default shall be continuing after five (5) days notice of such default is deemed received by the City, exercise any right or remedy available to it by law, contract, equity or otherwise. b. Engineer's Defaults/City's Remedies. In the event Engineer shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five (5) days notice of such default is deemed received by Engineer, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. ARTICLE V Insurance/Indemnity 5.01 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. -2- Engineer shall obtain and maintain in full force and effect during the term of this Agreement, commercial general liability and automobile liability coverage 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. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 Professional Liability: Combined Single Limit: $500,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence The City shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under the 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 included in the certificate. 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. 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. Engineer shall indemnify and hold City and City's elected officials, officers, agents, employees and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and expenses, and including reasonable attorney's fees, as a result of, related to, arising from, or related to Engineer's use or occupation of City owned lands, and/or any matter related to Engineer's activities, performances, operations or omissions under this Agreement to the extent of Engineer's negligence. -3- ARTICLE VI Miscellaneous 6.01 Engineer shall comply with all laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein. 6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For City: Tom Adams, Deputy City Manager P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-2051 w/ copy to: Bruce Blalack, Water Treatment P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 763-9824 For Engineer: Alan Plummer Associates, Inc. 1320 South University Drive, Suite 300 Fort Worth, Texas 76107 Facsimile No. Qq f7) SOL- 1 7©O 6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 10 6.04 This Agreement represents the entire and sole agreement between the City and Engineer with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. 6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. 6.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 6.07 Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when Engineer has been compensated as set forth in Section 2.01, above. 6.08 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. 6.09 Neither City nor Engineer may assign this Agreement, in whole or in part, without the written consent of such assignment by the non -assigning party. City and Engineer each bind itself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 6.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. 6.11 Engineer represents and warrants to City that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Engineer to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Engineer hereto. -5- IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. ALAN PLUMMER ASSOCIATES, INC. By: Name: Title: p — 4 c^61 CITY OF LUBBOCK DAVID A. M LER, MAYOR ATTEST: R ecca Garza, City Secretary APPROVED AS TO CONTENT: el Thomas ams, Deputy City Manager APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney ml/CityAtt/Richard/Alan Plummer Associates-ProfessionalServicesAgreement.rdln accept May 18, 2006 IRI Resolution No. 2006-RO365 ALAN PLUMMER ASSOCIATES, INC. EXHIBIT A This Exhibit A is part of the AGREEMENT between Alan Plummer Associates, Inc. (APAI) (the "ENGINEER"), and the City of Lubbock) (the "OWNER"), for a Project generally described as: Water Treatment Plant Evaluation and Energy Audit The purpose of this Agreement is as follows: Perform a water treatment plant evaluation and energy audit, and prepare an implementation plan for the modifications and improvements identified. BASIC SERVICES Article I Scope of Services The ENGINEER agrees to furnish the OWNER the following specific services: Perform Plant Evaluation A. Operations Evaluation 1. Obtain and review drawings of treatment plant. 2. Obtain and review utility consumption data including electrical and natural gas utilities for incorporation into the plant energy audit. 3. Obtain and review plant operation data for a one (1) year period: a. Raw water turbidity, temperature, pH, alkalinity, TOC. b. Filtered water turbidity by filter. C. Finished water turbidity, TOC, THHM, HAA, pH, alkalinity. d. Distribution system THHM, HAA. e. Data on chemical usages. 4. Determine and summarize unit sizes and capacities. 5. Prepare a process diagram of the plant with chemical addition points, sample points and process instruments. 6. Summarize above in a Technical Memorandum. B. Prepare a memorandum of current, pending, and potential future regulatory requirements. C. Identify Process Capabilities: 1. Assess capability of existing facilities to meet current and future regulatory requirements: a. Turbidity. b. TOC. C. THHM/HAA 2. Assess the TOC and THHM information relative to the percent of surface water treated at the plant. D. Conduct a Disinfection Evaluation: 1. Identify three alternative disinfection schemes, in conjunction with the alternative process evaluations. 2. Determine capital and O&M costs for each scenario and the present worth cost. 3. Summarize in a Technical Memorandum. E. Perform Hydraulic Evaluations: 1. Develop a hydraulic model of the plant to identify any significant hydraulic issues or limitations. 2. Assess flow splitting at the rapid mix and flocculation inlet channels. 3. Assess the filter backwash supply and waste systems. F. Perform Mechanical Equipment Evaluation: 1. Obtain/prepare Equipment List and obtain maintenance records and work orders. 2. Conduct Field Assessments. 3. Conduct meetings/interviews with staff. 4. Determine condition, limitations, and useful life. 5. Identify field testing (if any). 6. Field testing, if any, will be done as a Special Service. 7. Summarize in a Technical Memorandum. G. Perform Electrical Equipment Evaluation: 1. Obtain/prepare Equipment List and obtain maintenance records and work orders. 2. Conduct Field Assessments. 3. Conduct meetings/interviews with staff. 4. Determine condition, limitations, and useful life. 5. Identify field testing including visual and infrared testing. 6. Conduct field testing. 7. Summarize in a Technical Memorandum. H. Perform Instrumentation, Control and SCADA Equipment Evaluation: 1. Obtain/prepare Equipment List and obtain maintenance records and work orders. 2. Conduct Field Assessments. 3. Conduct meetings/interviews with staff. 4. Determine condition, limitations, and useful life. 5. Identify field testing (if any). Alan Plummer Associates - Professional Services Agreement - Exhibit A Page 1 of 5 6. Field testing, if any, will be done as a E. Develop construction costs of ECOs and Special Service. associated changes in operating costs for each 7. Summarize in a Technical Memorandum. scenario. Determine payback periods based on current and projected utility power cost savings. Perform Structural, Architectural, and HVAC Evaluation: F. Recommend ECOs which have a realistic 1. Conduct a structural, architectural and payback. HVAC field evaluation of all process units and buildings (as appropriate) at the plant G. Summarize in a Technical Memorandum. site including: a. Terminal storage reservoir and pump Ili. Evaluate Coagulation Chemicals station. b. Chlorine contact basins. A. Develop a potential list of coagulation chemicals C. Chlorine building. and perform a screening analysis to reduce the d. Ammonia building. list to no more than ten chemicals combination. e. Carbon tank and building. f. Chemical feed building. B. Contact polymer manufacturers and coordinate g. Rapid mix chambers, sending raw water samples to them for testing. h. Flocculation basins. City to obtain and send water samples. Obtain i. Sedimentation basins. and summarize recommendations. j. Carbon contact basin. k. Filters and gallery. C. Based on above, develop a bench scale, jar I. Filter backwash pump station. testing plan with chemical(s), dosages, mixing m. Washwater basin, energy, and times. City to provide jar testing n. Administration building. equipment and space for testing. ENGINEER to 2. Summarize the structural integrity, the perform testing (maximum of ten chemical estimated remaining useful life, and any combinations). limitations, modifications, and repairs recommended in a Technical Memorandum. D. Summarize the jar test results in a memorandum 3. Summarize the heating, ventilation, and air and recommendations for pilot testing the top conditioning equipment with sizes, age, three or four chemical combinations. condition, and efficiency. 4. Summarize the architectural building E. Prepare a pilot test plan to utilize the city's pilot envelopes for age, condition and energy unit to test the three potential chemical efficiency. combinations. City to operate pilot unit and 5. Summarize in a Technical Memorandum. control metering coagulant/dosage changes. Perform Energy Audit IV. Perform Field Observations and Testing of the Filters A. Based on the field assessments and field testing A. Observe a filter backwash in all 20 filters. Note performed, perform an Energy Audit of the plant time to uniform air scour, areas of disuniformity, buildings, electrical equipment, motors, HVAC note amount of mud ball formation. equipment and lighting of the plant facilities, excluding the high service pumps and clearwells. B. Measure the pump discharge pressure and The high service pump station and clearwells will determine the backwash pump operating be evaluated under the Pump Station Evaluation condition. and Energy Audit Project. Identify facilities where energy usage can be reduced and efficiency can C. Perform up to three filter media profiles in three be increased. different filters. Analyze the media by sieve analysis, shape (wear) and specific gravity. B. Review the existing plant documentation, Assess the overall condition and depth of the including drawings, field assessments and media. historical data and develop a baseline model of the plant's energy usage. D. Document the present filter and valve control system. C. Determine compliance with present and possible future energy conservation codes and standards. D. Develop Energy Conservation Opportunities (ECO) for possible modifications, replacements, and alternative operation scenarios. Alan Plummer Associates — Professional Services Agreement — Exhibit A Page 2 of 5 V. Identify and Evaluate Improvement Alternatives VIII. Perform a Capital Cost Analysis A. Improvement Evaluations. Identify and evaluate Perform a capital cost analysis of the selected potential improvements recommended to enable treatment alternatives. Planning level opinions of initial the plants to comply with current and imminent cost plus projected future capital costs will be federal and state drinking water regulations prepared. All costs will be expressed in present worth primarily with regard to turbidity, disinfection, and dollars. It is assumed that there will be no capacity disinfectant -by-products and Texas Commission increases required in the planning period due to on Environmental Quality (TCEQ) rules and growth. All cost estimates will be based on upgrading regulations. Identify long-term needs necessary the facilities but maintaining the overall capacity. to comply with projected future regulatory requirements and to stay dependably in-service IX. Perform an Operating Cost Analysis over the next 25 years. Also, identify potential improvements to improve efficiency or Perform a cost analysis of the opinion of annual effectiveness and the costs involved. operating costs including the cost of treatment, other B. Identify Alternative Treatment Technologies. operating and maintenance costs, and labor cost for Identify alternative treatment technologies that the selected treatment alternatives. The operating cost numbers will be based on the City's current may be cost-effectively utilized now or in the operating costs and then adjusted up or down based future including UV disinfection, membrane on the proposed changes in the process. The City will filtration, activated carbon, and high -rate conventional technologies: bed pulsed sludge provide the operating costs for the water treatment blanket clarifiers, ballasted -floc clarification, and plant. All costs will be presented in constant 2006 tube (or plate) settlers. dollars. C. Develop three alternative treatment schemes, X. Perform a Life -cycle Cost Analysis including the existing facility with recommended modifications, each incorporating disinfection Perform a life- cycle cost analysis based on the provisions, for evaluation. These three treatment opinions of capital cost and operating costs for the schemes will be screened from a group of six. selected treatment alternatives. All costs will be presented in constant 2006 dollars based and D. Evaluate existing mechanical, HVAC, electrical, . converted to an overall cost per 1000 gallons treated. control, instrumentation and SCADA systems for potential improvements. XI. Perform a Cost/Benefits Analysis E. Prepare a memorandum discussing the Perform a cost/benefits analysis of the selected alternatives with simplified schematics along with treatment alternatives based on the results of the general advantages and disadvantages of each previous tasks. All costs will be presented in constant alternative. Include any potential limitations that 2006 dollars. would limit or disqualify the alternative from further consideration. XII. QC Workshop No. 2 VI. QC Workshop #1 Conduct a workshop, at a date and time as agreed by Engineer and City, to review the Cost/Benefits Conduct a QC workshop, at a date and time as Analysis with the City staff. The highest rated agreed by Engineer and City, to discuss the plant alternative after completion of the cost/ benefits evaluation findings, the physical assessment findings, analysis may not be the lowest first cost alternative or and the proposed alternative technology evaluations. even the lowest life -cycle cost depending on the At this workshop various factors will be identified and benefits and long-term flexibility the alternative offers. quantified as to importance using a "pair -wise" The workshop will be held in Fort Worth at the comparison. The capability of each alternative to ENGINEER's office. meet potential regulatory requirements will be included in the factors. The workshop will be held in XIII. Prepare an Implementation Plan Fort Worth at the ENGINEER's office. VII. Perform Benefits Analysis Perform a benefits analysis of the three selected treatment alternatives based on the weighted criteria identified in the first workshop. The general impact of each alternative on the City's water distribution system will be included in each alternative evaluation. Prepare an implementation plan (year -by -year capital improvements plan) for the recommended alternative. A description of the driving factors behind each recommended improvement will be included to assist the City in prioritizing the improvements in the future as conditions change over time. Alan Plummer Associates - Professional Services Agreement - Exhibit A Page 3 of 5 XIV. Prepare DRAFT Report Prepare a DRAFT Water Treatment Master Plan Report describing the evaluations and recommendations for immediate plant improvements with opinions of costs, on or before 270 days after the effective date of this Agreement, and an implementation schedule. Provide the City with five (5) copies of the DRAFT report. XV. Prepare FINAL Report Prepare a FINAL Water Treatment Master Plan Report based on comments received from the City. Provide the City, on or before thirty (30) days after receipt of City's comments to the Draft Report, with ten (10) copies of the FINAL report and an electronic version of the report and all tables, figures, and graphics. XVI. Project Management Manage and coordinate various Project team members and tasks. Update Project schedule and prepare monthly invoices for work accomplished. Monthly progress meetings will be held in Lubbock. XVII. Summary of Site Visits and Project Meetings Attend meetings and site visits in Lubbock including workshops, plant site visits, and bench -scale testing. Site visits and Project meetings are anticipated as follows: No. of Trips No. of Days Reason for Visit 2 2 total Mechanical Assessments 3 4 total Structural Assessments 1 1 Architectural and HVAC Assessments 2 4 total Electrical Assessments 1 1 Instrumentation, Control, and SCADA Assessments 2 2 total Project Workshops 3 Bench Scale Testin ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above -described Basic Engineering Services, are described as follows: A. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. B. Revisions and changes required by OWNER after approval of the final report. C. Providing additional copies of reports. D. Preparing Environmental, Archeological Surveys, Impact Assessments, or Statements, Storm Water Discharge Permits, and 404 Permit Applications except as specifically included in the Basic or Special Services. E. Surveying of the plant or of the CRMWA storage reservoir. F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties other than condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. G. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the OWNER. H. Attending additional meetings as requested by OWNER. Any other additional services that may be required by the OWNER for completion of the Project that are not included in the Basic Services. Services known to be required for completion of the Project that the OWNER agrees are to be furnished by the ENGINEER or by a subconsultant that cannot be defined sufficiently at this time to establish the maximum compensation. These services may include additional copies of the report, additional presentations, additional bench -scale testing, evaluating additional alternatives, additional site visits, and other activities not described as Basic Services herein. K. One (1) public presentation in Lubbock on the results of the evaluations and the Alan Plummer Associates — Professional Services Agreement — Exhibit A Page 4 of 5 recommendations. Prepare appropriate handouts and public information data as approved by the City staff. Presentation will be in a PowerPoint format. Article If Compensation BASIC SERVICES Compensation by the OWNER to the ENGINEER for all Basic Services enumerated in Article I will be on a lump sum basis as follows: Items I through XVII; The Lump Sum Fee of $297,358 ADDITIONAL SERVICES Additional Services, which may be required by the OWNER, shall be based on the actual hours and costs in accordance with Attachment "A." No work will be undertaken on this item without specific written authorization from the OWNER. Other Provisions The following provisions shall apply to this Task Order: The ENGINEER's compensation is based on immediate authorization to proceed and timely completion of the Project. If the Project timing deviates from the assumed schedule for causes beyond the ENGINEER's control, the ENGINEER reserves the right to request renegotiation of those portions of the lump sum affected by the time change. Alan Plummer Associates — Professional Services Agreement — Exhibit A Page 5 of 5 ATTACHMENT A ALAN PLUMMER ASSOCIATES, INC. HOURLY FEE SCHEDULE 2006 Staff Description Staff Code Billing Rate Admin Staff Al-A3 $ 62.00 Senior Admin Staff A4 $ 70.00 Designer/Technician CI-C2 $ 70.00 Senior Designer/Technician C3-C4 $ 95.00 Engineer-in-Training/Scientist-in-Training ESO-ES3 $ 80.00 Project Engineer/Scientist ES4 $ 90.00 Senior Project Engineer/Scientist ES5 $ 100.00 Project Manager ES6 $ 120.00 Senior Project Manager ES7 $150.00 Principal ES8-ES9 $195.00 Billing rates may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. A multiplier of 1.10 will be applied to all direct expenses. ml/Richard/Alan Plummer Associates -Professional Services Agreement — Exhibit A May 18, 2006 Page 1 of 1