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HomeMy WebLinkAboutResolution - 2012-R0487 - Agreement - Agri-Waste Technology Inc. - 12_17_2012Resolution No. 2012—RO487 December 17, 2012 Item No. 5.7 RESOLU'riON 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, for engineering services, by and between the City of Lubbock and Agri - Waste Technology, Inc., and all related documents. Said Amendment 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 December 17 , 2012. L C. ROBERTSON, MAYOR .ATTEST: Re cca Garza, City Secreta APPROVED AS TO CONTENT: n Marsha Reed, P.E., Chi f OPerating Officer APPROVED AS TO FORM: 2?r., � ant City Attorney Res- Prof Srvs Agrmnt-Agri-Waste Teebnology, Inc 10.25.2012 Resolution No. 2012-RO487 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 1st day of January, 2013, by and between the City of Lubbock (the "City"), a "hews home rule municipal corporation, and Agri -Waste Technology, Inc. (the " hnoineer" or "AWT"), a North Carolina corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in the fields ol' agronomy and soil science and the management, evaluation and remCLhation of land application llf C111L1Cllt (111C Activities-), WHERFAS, after consideration oh the work experience and other qualifications, of Engineer, City has determined that Engineer possesses significant abilities and experience in regard to the Activities and has agreed to perform services related to the Activities for a fair and reasonable price: WHEREAS, the City desires to contract v,,ith 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 sufficierlev of which is hereby acknowledged, the City and Engineer agree as follows: ARTICLE: I Services 1.01 Engineer shall conduct all activities, as set forth on Lxhibit "A "Scope of Services". attached hereto ((he "Services"). The Services shall be completed by Engineer as provided in the Scope of Service. In addition to the specifically described tasks, Engineer shall also conduct the activities described in the Scone of Services relating to described specific tasks (the "Additional Services"), as requested by the City. I.02 The services related to the Activities, including any product deliverable thereof, is performed at the direction of the City Attorney of the City and such work is privileged under the attorney -client privilege and the attorney work product privilege. The Nvork. or any aspect thereof, related to the Activities shall not be disclosed to any other party or entity without the express approval ofthe City Attorney of the City. ARTICLE 11 Compensation and Term 2.01 The consideration to be paid for the Services to be provided to the City as described in Article I shall be as provided on Exhibit "A". attached hereto, not to exceed the sunl of One Hundred Twenty -Nine Thousand One Hundred and 00/100 ( 129,100). The Additional Services shall be payable upon the hourly rates and lees as set forth in Exhibit `A", provided, however, Engineer agrees to obtain City's prior approval of all fees and charges for Additional Services shall not exceed the total accumulated sum of Eighteen Thousand and 00/100 ($18,000). If, during the term of this Agreement, it is determined that Engineer`s total accumulated fees and charges for Additional Se1'yiC:es will cxcred the sum of Eighteen Thousand and 00/100 ($18.000)- then, upon mutual agreement of the parties at such time, this Agreement may be amended settin4C7 forth the payment of compensation to Engineer for Additional Services in excess of said sunl. The amount payable hereunder shall be invoiced to the City on a monthly basis as the work is performed, and shall be payable by the Cite within thirty (30) days aiier receipt of'sanle. -2- Except as differentiated in Section 1.01 and Section 2.01, the terms "Services" and "Additional Services" shall be collectively referred to herein as "Services". 2.02 This Agreement shall expire on January 1, 2014. Either party may terminate tills Agreement for convenience by providing, written notice to the other party at least five (5) 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 effective date oftermination. ARTICLE Ill 1 ndependent Contractor i,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 a reasonable and prudcnt engineer; and Inoincer hereby warrants to 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 services, hereunder. During the performance of the Services under this Agreement. Frigincer and Engineer's employees shall not be considered, for any purpose. employees or agents of the City within the nicaning 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 Eripineer's Defaults/City's Remedies. In the event either party shall default in the performance of any term or provision of this Agreement for any reason other than failure by the other party to perform hereunder, the ]loll -defaulting party may, if said defa1,rlt shall be continuin<- after five (5) days notice of sLrch default is delivered to tilt defaulting party, exercise any right or remedy available to it by ]aw, contract, equity or otherwise. including without limitation, the right to terminate this Agrccnicnt Without additional notice. file remedies set forth herein are cumulative and not exclusive_ and may be exercised concurrently. ARTICLI; 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 Ill connection with tills Agreement. including without limitation, the indemnity obligations set tbrth herein. En�oinccr shall obtain and maintain in full force and effect during the term of this Agreement, commercial general liability and professional liability coverage with insurance carriers admitted to do business in the state of Texas. The insurance companies -4- must carry a Best's Rating of A-VII or better. The policies xvill be �vritten oil Sul occurrence basis, subject to the following n1111in1Un1 limits of liability: Commercial General Liabili Combined Single Limit: S1,000.000 Professional Liability (to include Environmental Liability): Combined Single Limit: $1,000,000 The City shall be listed as an additional insured with respect to the Commercial General Liability. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice to Cite of cancellation. A copy of the additional insured endorsement and %vaiver 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. FUrthcr. Engineer shall maintain said coverage throughout the term of this Agreement and shall comply %pith 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 InsLn-ance in lieu 01 `Worker's Compensation. In either event, the policy must be endorsed to include a �,vaivcr of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $100,000 each accident, $500,000 by disease policy limit, and $100,000 by disease each employee shall also be obtained and maintained throughout the term of this Agreement. -5- 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 this Agreement shall be discontinued immediately. ENGINEER HEREBY RELEASES THE CITY AND THF. CITY'S ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AN1) INDEPENDENT CONTRACTORS, FOR ITSELF, ITS EMPLOYEES AND AGENT'S, AND SHALL INDEMNIFY AND HOLD CITY AND C1TY5S ELECJI'h:D OFFICIALS, OFFICE-'RS. AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS FIARMLESS. 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. RELAT FI) TO, ARISING FROM. OIZ RELATED TO FINGINEER'S USE, OlZ OCCUPATION OF CITY OWNED LANDS, AND/OR ANY MATTER RELATEDTO ENGINEER'S ACTIVITIES, PERFORMANCES, OPEIZIITIONS 01Z OMISSIONS LJNDER TIIIS AGREEMENT. ARTICLI: V1 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 perlornnance of (lie Services contemplated herein. 6.02 Any notice required by this Agreement shall be deemed to be properly served, il' (i) provided in person or by telephonic facsimile_ or (ii) deposited in the United States mail by certilied letter, return receipt requested, addressed to the recipient at recipient's -6- 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, it' 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: Marsha Reed, Chief Operations Officer City of Lubbock P.O. Box 2000 Lubbock. TX 79457 Facsimile: 806-775-2051 1ti"Icopy to: Craig IIenderson, Wastewater System Supervisor City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Facsimile: 806-775-3246 For Engineer: Chris Nloslcy 5400 Etta Burke Court Raleigh, NC 27606 Facsimile: (919) 233-1970 6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITIIOUT REGARD TO CONFLICT OF LAW RULES THAT WOUI.1) DIRECT APPLICATION OF TIIE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF "ITIF PARTIES CREATED BY THIS AGREEMENT, ARE PFRFORMABLF, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT -7- PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATI?D HEREBY, SHALL. EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 0.04 This Agreement represents the entire and sole agreement between the City and Enginccr 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. j0117t enterprise. partnership or principal — agent relationship belwcen 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 entorceable 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 rIncnlorceability or invalidity of any provision shall not affect any other provision ol'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 work product prepared by Engineer as part of the Services hereunder, shall become the property of the City when Enggineer has been compensated as set 101-th in Section 2.01, above. 6.09 A waiver by either City or Engineer of a breach ol'this Agreement shall be in writing. 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. -8- 6.01) Engineer rnav not assign this Agreement, in whole or in part, Without the written Consent of such assignment by the City. City and Engineer each bind itselfor himself, their Icual representatives and permitted assigns in respect to all provisions of this Agreement. 6.10 NothiIlg in this Agreement shall be coIlstrued to provide any ri-his or benefits whatsoever to any party other than City and l:ncineer. 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. 6.12 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 anv and all iornls of relief in a court of competent jurisdiction. Further. the City shall not be subject to any arbitration process prior to exercising its unrestricted rigllt to seek judicial renledv. The remedies set forth herein are cumulative and not exclusive. and may be exercised concurrently. To the extent of any conflict between this provision alld another prOViS1011 in, or related to, this document. the former shall control. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. Engineer: Agri- Waste yTechnology. Inc. Name: Title: t ; IE CITY OF LUBBOCK GLET, OBERT ON, MAYOR Rebe ca Garza, City Secret v APPIWVI D AS TO CONTENT: y- Mars"ha'Re'ed, P.E., Chief Operations Officer 1 ITOVED AS TO FORM: I%my L. S, ' Assist' ity Attorney A W f Contract 3013 10.30.1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule, Schedule City of Lubbock 3603 Guava St Lubbock, TX 79404 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Insured Agri -Waste Technology, Inc Insurance Company Montgomery Insurance WC 00 03 13 (Ed. 4-84 ) 1983 National Council on Compensation Insurance. Effective Policv No. Endorsement No. Premium W C5110077 Countersigned by AGRIW-1 OP ID: LJ '4 Ro CERTIFICATE OF LIABILITY INSURANCE DAT08116/`1 YYY) 08l16112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER 919-556-3698 NAME: Laura Jazab Post Office gge Box 1109ency, Inc. 919-556-8758 Wake Forest, NC 27588 Don Stroud, CIC, AAI 1AJCC.N Q Ext ; FAIIC No): 9- Re ss: Laura@Hartsfield-Nash.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Montgomery Insurance 14613 INSURED Agri -Waste Technology Inc INSURER8: Endurance American Specialty 41718 5400 Etta Burke Ct Raleigh, NC 27606 INSt1RERC: INSURER D . INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 090811 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R TYPE OF INSURANCE AD SUB POLICY NUMBER POLICY EFF MIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR X BOP5110000 01/18/12 01/18113 EACH OCCURRENCE $ 2,000,00 DAMAGE O RENT PREMISES Ea occurrence $ 50,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 2,000,4 GENERAL AGGREGATE $ 4,000,0011 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO LOC PRODUCTS - COMPIOP AGG $ 4,000,00 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS BA5105999 01/18/12 01/18/13 COMBINED 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident} $ PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE CU8854931 01/18/12 01/18/13 EACH OCCURRENCE $ 2,000,00 AGGREGATE $ 2,000,00 DIED X I RETENTION $ 10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY FrtOPRIET0rUPrARTNtk1UCECUTIVE YIN OFFICERIMEMBER EXCLUDED? FNI u (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A WC5110077 01118/12 01M8113 X WGSTATU• OTH- T IM E.L. EACH ACCIDENT $ 500,00 E.L DISEASE -EA EMPLOYEE $ 500,00 EL DISEASE - POLICY LIMIT $ 500,00 B Professional Liab ECC10101303500 08122/12 08/22113 Each Oec 4,000,00 aggregate 4,000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is requlredi CERTIFICATE HOLDER CANCELLATION CITY360 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I D NOTICE WILL BE DELIVERED IN City of Lubbock ACCORDANCE WITHTHE POLIiC YPROVISIONS. Attn: Craig Henderson 3603 Guava St AUTHORIZED REPRESENTATIVE Lubbock, TX 79404 ACORD 25 (2010105) Q 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �b� ` Engineers and Soll Scientists Agri -Waste Technology, Inc. 5400 Etta Burke Court, Suite 200 Raleigh, NC 27606 919.869.0669 www.agriwaste.com Exhibit A August 28, 2012 MEMORANDUM TO: Mr. Craig Henderson, City of Lubbock FROM: Jeff Vaughan, Agri -Waste Technology, Inc. Chris Mosley, Agri -Waste Technology, Inc. SUBJECT: Revised Annual Cost Estimate for Routine Services for the 2013 Calendar Year As requested, we have developed a cost estimate for routine consulting services provided by AWT to the City of Lubbock for the 2013 calendar year. The cost estimates are based on the 2008 scope of services provided by Lubbock in an email dated November 21, 2007 and are identical to our 2012 cost estimates. The scope of services is included as Attachment 1. Routine Services Task 1: Water/Nitrogen Balance Modeling and Reporting $70,500/year Task 1. 1: Weekly Activities as indicated in the scope of services billed as a lump sum of $3,700/month 1.1 Rate Hours/week Week/month Cost(Month Chris 98 5 4.33 $2,121.70 Julie 61 1.5 4.33 $396.20 Jeff 98 2.75 4.33 $1,166.94 Supplies 1 4.811 11 4.33 $20.82 otal 1 $3,705.65 Task 1.2: Quarterly Activities as indicated in the scope of services billed as a lump sum of: $3, 800/quarter 1.2 Rate Hourstweek Week/quarter Cost/Quarter Chris 98 1 13 $1,274.00 Julie 81 1.5 13 $1,189.50 Jeff 98 1 13 $1,274.00 Supplies 1 3.85 1 1 13 1 $50.00 otal 1 $3,787.50 The remainder of the tasks will be billed as time and materials with a not to exceed amount as presented. These activities will be accomplished by various professionals fisted on our schedule of fees. It is our intention to use the lowest cost employees according to their individual talents and abilities relative to the task at hand. Task 1.3: Annual Activities as indicated in the scope of services billed as time and materials not to exceed: $10,900/year Task 2: Model Simulations for Management Changes as indicated in the scope of services billed as time and materials not to exceed: $19,500/year Task 3: Site Visits as indicated in the scope of services billed as time and materials not to exceed: $18,300/year Task 4: LLAS Recharge Estimates as indicated in the scope of services billed as time and materials not to exceed: $20,800/year It is anticipated that additional services related to the above described work will be necessary. Upon request of the City, AWT agrees to perform such work at the hourly rates and fee reimbursements included in our schedule of fees. Please contact us with any questions, concerns, or comments. OUR ENGINEERS/SOIL SCIENTISTS DO THEIR BEST TO ESTIMATE FEES AND EXPENSES FOR PARTICULAR MATTERS WHERE ASKED TO DO SO, HOWEVER, AN ESTIMATE IS ]UST THAT, AND THE FEES AND EXPENSES REQUIRED ARE ULTIMATELY A FUNCTION OF MANY CONDITIONS OVER WHICH WE HAVE LITTLE OR NO CONTROL. HOWEVER, SUCH ESTIMATES ARE NOT A MAXIMUM OR MINIMUM FEE QUOTATION. OUR ACTUAL FEES WILL BE DETERMINED BASED ON TIME AND MATERIAL REQUIREMENTS, Attachment 1 Scope of Services SCOPE OF WORK Task 1: Water / Nitrogen Balance Modeling and Retorting Task 1.1 Weekly Activities 1. Weekly water and nitrogen application report shall be based on the output of the water and nitrogen balance model and include: a. Significant non -routine issues requiring attention b. Reservoir levels for that week c. Pumping summaries from WWTF d. Pumping summaries to plots and outfalls e. Available storage in reservoirs f. Recommended applications to plots during the upcoming week i. In gallons and inches a. Including special notes required 2. Data table updates to model, including effluent data updates and land application spreadsheets 3. Weekly Summary Report shall include: a. Summary of applications for the previous week i. Recommended application ii. Actual application iii. Difference iv. Planned annual PAN application (pounds of N per acre) v. Year to date PAN application (pounds of per acre and percent of planned) vi. Special notes and explanations for differences over 0.5 inches of irrigation b. Significant non -routine issues requiring attention Task 1.2 Quarterly Activities l . Update of soil data in model — during the year the City of Lubbock will provide updated soil analysis results. These results will be incorporated into the model. 2. Crop information updates — approximately quarterly the City will provide updated crop information (crop location, condition, and harvest) to the contractor, these updates will be incorporated into the model. 3. GIS updates a. Delivery of updated shapefiles and other data to the City 4. The contractor's project manager will prepare a brief quarterly report. The project manager will contact, by phone, the technical representative to briefly discuss the quarterly report. The report should be approximately 1 to 2 pages and cover: a. Needs from the client b. Upcoming deliverables to client/others c. Completed & upcoming milestones, events, and meetings d. Outstanding issues e. Topics for the City of Lubbock's quarterly discussion with Mike Chadwick (TCEQ) Task 1.3 Annual Activities I . Annual model update and preparation (September) — each year the contractor will completely update and prepare the model for use during the upcoming year. The revised model upcoming year and the completed and closed -out model for the previous year will be provided in electronic format to the technical representative. 2. Annual model projections by month — each year the contractor will use the updated model, using historical average precipitation, the latest soil samples, effluent analyses for the previous year and projected flows from the SEWRP, to provide a snapshot of the projected applications needed for each plot on a monthly basis Task 2 Model Simulations for Management Changes Pull rerun/update of model — during the year it is expected that the City will require a full scale rerun or update to the model, either to simulate proposed management changes or reflect actual management changes. This is expected to be required approximately four times per year. Task 3 Site Visits l . Agronomist site visit to verify model parameters (winter and summer) — the contractor will schedule two site visits by an agronomist (one accompanied by engineer) through the technical representative. During these site visits the contractor's agronomist will verify that conditions at LLAS and HLAS are consistent with the model parameters being used for weekly recommendations. 2. Agronomist site visit report — the contractor will develop a report providing notes from the visit and identifying any issues requiring attention. 3. HLAS SAR inspection and report (during a semi-annual site visit) — during one of the semi-annual site visits described above, the contractor's agronomist will evaluate soil profiles in 3-6 fields at HLAS for evidence of infiltration problems associated with high sodium adsorption ratios. Task 4 LLAS Recharge Estimates LLAS recharge estimate (Spring) — the contractor will prepare an estimate of the leached effluent and excess N applied at the LLAS for the previous year. This estimate will be based on actual application records, effluent analyses and weather data. The contractor will prepare a projection of similar information for the current year and the next 4 years. ATTACHMENT B SCHEDULE OF FEES Fees for the Year 2012 AWT will invoice Client at a rate as outlined in Attachment B for providing the services listed. Staff Rate Kevin Davidson $ 98. Per Hr/$1078. Per Day $140.00 Per Hr/Legal Rate Chris Mosley $ 98. Per Hr/$1078. Per Day $140.00 Per Hr/Legal Rate Hal Langenbach $ 98. Per Hr/$1078. Per Day $140.00 Per Hr/Legal Rate Jeff Vaughan $ 98. Per Hr/$1078. Per Day $140.00 Per Hr/Legal Rate Julie Peele $ 61. Per Hr/$671. Per Day Chris McGee $ 52. Per Hr/$572. Per Day Sloan Griffin $ 40. Per Hr/$440. Per Day Lisa Tilley $ 40. Per Hr In order to ensure client satisfaction, the following arrangements are proposed to ensure that the amount invoiced does not exceed expectations: - Client will be invoiced on a monthly basis. - A cost estimate is provided prior to beginning work on any projects not outlined in this scope of services. Other arrangements will be considered at Client's recommendation. Reimbursable Expenses: Air Travel Cost Lodging Cost Mileage $0.555/mile Meals Cost Outside Sub -Consultants Cost + 15% Miscellaneous Direct Project Expenses Cost + 15% Copies of Reports $0.16/Page + $5.00 Binding Fee Plotted Drawings $1.75 Per Square Foot 8-1/2" X 1 1-1/2" Color Drawings $1.00 Each Archive Records $25.00 Fee + Copy Charge Long Distance Telephone Calls Cost Postage Cost Shipping (Fed Ex, UPS, etc.) Cost Fax - Incoming $0.50/Page Envelopes - Letter Size $0.05 Each Envelopes - Large $0.15 Each Envelopes - Oversize $0.25 Each I " Notebooks $2.50 Each 2" Notebooks $4.00 Each 3" Notebooks $5.00 Each Insertable Big Tabs $ .20 Each Clear Label Dividers 5/8 Tab $1.00 Each Laser Dividers $5.00 Per Set Transparencies $1.00 Each CD $ I.00 Each Binding Supplies $1.00 Each Invoices shall be sent to client on a monthly basis. Invoices are due and payable in full upon receipt. Any amounts outstanding after 30 days are considered past due and shall accrue at 1.50% per month (18% per annum) late fee until paid in full. AWT shall stop work and commence collection action on any projects with past -due amounts outstanding for greater than 30 days past date of invoice. 7