HomeMy WebLinkAboutResolution - 2013-R0174 - Contract - Enprotec/Hibbs & Todd Inc - Fuel Site Renovation - 06/13/2013Resolution No. 2013—RO174
June 13, 2013
Item No. 5.18
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, Contract No. 10001 for fuel site
renovation, by and between the City of Lubbock and Enprotec/Hibbs & Todd, 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.
Passed by the City Council on June 13, 2013
GLE OB SON, MAYOR
ATTEST:
)K-
Rebea Garza, City ecret
APPROVED AS TO COLNT:
o' \ �
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs RES.Contract-Enprotec Hibbs & Todd
May 30, 2013
Resolution No. 2013-R0174
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
This Agreement (Agreement), effective as of the 13th day of June 2013, is by and between City of
Lubbock, Texas (City), a Texas home rule municipal corporation, and Enprotec/Hibbs & Todd, Inc.
Corporation (Engineer), corporation authorized to conduct business in Texas.
WITNESSETH
WHEREAS, the City desires to obtain professional engineering services related to the
renovations and improvements to the City of Lubbock fuel site located at 1631 84`h Street project (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 eighteen months, as set forth. The term may be extended by subsequent amendments of
this Agreement, with the written and authorized consent of both parties.
ARTICLE H. SERVICES AND COMPENSATION
Engineer shall perform the services described in Exhibit A --Scope of Services (Services) with regard
renovations and improvements to fuel site project (Project) and payment shall be due and payable upon
receipt in accordance with Exhibit `B", "Compensation'.
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Enprotec/Hibbs & Todd, Inc. Agreement
ARTICLE M. 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.
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,
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Enprotec/Hibbs & Todd, Inc. Agreement
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 accomplish the following:
Professional Engineering Services related to the renovations and improvements to fuel site project, as
defined in Exhibit "A", "Scope of Work".
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 VHI. INSURANCE
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.
Page 3 of 16
Enprotec/Hibbs & Todd, Inc. Agreement
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-VH 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: $1,000,000
Professional Liability:
Combined Single Limit: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $500,000 Per Occurrence
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.
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 included in the
Certificate. Copies of all endorsements are required.
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.
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
Page 4 of 16
Enprotec/Hibbs & Todd, Inc. Agreement
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 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.
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Enprotec/Hibbs & Todd, Inc. Agreement
B. ENGINEER's Address. ENGINEER's address and numbers for the purposes of notice are:
For Engineer:
Fred Curnutt, P.E., Vice President
Enprotec / Hibbs & Todd, Inc.
6310 Genoa, Suite E
Lubbock, Texas 79424
Facsimile: (806) 794-0778
C. City's Address. The City's address and numbers for the purposes of notice are:
City of Lubbock
Leslie Cox, Director of Fleet Services
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-3085
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.
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Enprotec/Hibbs & Todd, Inc. Agreement
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.
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 Exhibits "A" and "B", 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. 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 Article II, above. The ENGINEER shall make copies
of any and all work products for its files.
L. Notice of Waiver. A waiver by either 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.
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Enprotec/Hibbs & Todd, Inc. Agreement
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.
ATTEST:
0, 0 e—e � "X -
e ecca Garza, City Secreta
APPROVED AS TO CONTEN
Scott S 'der, } t City Manager
4Leox, D actor o Fleet Services
APPR VE AS TO ORM:
Chad Weaver, Assistant City Attorney
CITY OF LUBBOCK
ENPROTEC/HIBBS & TODD, INC.
By: &,-,�
Name: Fred Curnutt, P.E.
Title: Vice President
Page 8 of 16
Enprotec/Hibbs & Todd, Inc. Agreement
Exhibit A
Scope of Services
City of Lubbock Fuel Site
1631 84`h Street, Lubbock, Texas
The scope of this project includes Professional Engineering service to provide the demolition and design
package with specifications for the demolition of existing islands, concrete/drive as needed, removal of
existing tanks, and site assessment along with the installation of new tanks, piping, power and control
lines, drives, islands, dispensers with construction observation to provide the renovations and/or
improvements to the City of Lubbock fuel site located at 1631 84`h Street, Lubbock, Texas.
Goal of Proposed Activities
The overall goal of this project is to have a new south fueling station to effectively and efficiently
provide fueling access to the City's Fleet. Several sub -goals of the project are listed:
• Design facility layout and drainage to provide a constructible, maintainable, functional,
accessible, and achievable facility for the City.
• The entire fuel site shall be re -designed in compliance with all state (30 TAC 334) and federal
(40 CFR 280 and 40 CFR 281) regulations, applicable engineering standards, and applicable
industry standards (PEI, API, or ANSI) related to UST design, tank removal, tank installation,
construction, assessment, notification requirements and shall meet the City of Lubbock Fleet
Services operations to include the incorporation of the Fuel Master program.
• Efficient ingress and egress to fuel site that addresses a wide range of vehicle types and sizes.
Design shall include single ingress to fuel islands appropriately marked and single egress from
fuel islands appropriately marked.
• Fuel delivery equipment upgrade to meet proposed future state-wide Phase I (Vapor Recovery)
standards.
• Compliance with all federal and state regulations governing notification, removal, assessment,
disposal/recycling, and reinstallation requirements. Existing tanks and associated equipment
will be removed and site assessed for possible leaks/contamination.
• The fuel site shall be designed and constructed to operate independently and without
obstructing any other city functions or business operations within the area, including adjacent
Solid Waste Recycling facility operations.
• UST tank inlets should be strategically located so that UST re -fueling operations do not impede
the city's daily vehicle and equipment re -fueling.
• Design shall include single unleaded fuel island consisting of two (2) dispensers equipped with
two (2) hoses each providing access to either side for concurrent fueling. Unleaded fuel island
shall operate independently and simultaneously of the diesel fuel island. Design shall include
dual (two) diesel fuel islands with each island having two (2) dispensers with two (2) hoses on
each dispenser. The island shall be constructed in such a way that will allow vehicles and
Page 9 of 16
Enprotec/Hibbs & Todd, Inc. Agreement
equipment manufactured with saddle tanks to enter between the two islands to provide
simultaneous fueling of both tanks. The islands shall allow for vehicles and equipment to fuel
simultaneously on either of the outside lanes while fueling between the lanes is on -going and
unobstructed. Need to provide air supply to each island from new air compressor to be added
into system.
• The current fuel management system, Fuel Master, will require full working integration with the
newly installed tanks, piping, dispensers, UST monitoring, etc.
• As a necessary component of the construction project, the fuel site will require installation of a
vapor recovery system in compliance with Stage 1 (Vapor Recovery) requirements.
• The fuel site will require the construction of a small insulated shed to house all the electrical
fuel island component's controls and future video equipment (video equipment not at this time
but include conduits for future use to light poles and or potential areas), including
controls/monitoring equipment for UST monitoring devices, dispensers, submersible pumps,
and units to be fueled at a minimum. It shall be located on the property so as not to interfere
with any of the fueling operations.
• The fuel islands shall be equipped with sufficient lighting. Optional canopy to be bid as
alternate.
• The future video system requires installation of conduits as part of the project.
• Total capacity shall be sufficient to provide for current and future fuel demands. Tanks shall be
double -walled fiberglass tanks (one dual compartment tank) that provide the option for future
alternative fuel use and meet all federal, state, and industry standards. Tank sizes will be
evaluated to optimize the tank volume capacity to funding. The DEF tank option will be
evaluated to optimize the tank sizes and need vs cost.
• Layout of area to work with — existing fenced in area. Site will need area to park 12 to 15
vehicles (plan on 15) at several locations or one.
• Include in plans for emergency power generator to power the fueling facility to be bid as
alternate.
• Site operation — fueling will be shut down during removal of existing tanks, islands and new
construction
Scope of Work
• Preliminary design of site layout (two options) with COL review/selection,
• Final project design with COL review at 30%, 80% & final. Opinion of probable
cost at preliminary and final reviews,
• Prepare Bid Package,
• Bid Administration — COL will advertise and coordinate bid — assist with
addendums if needed,
• Award of Contract — review bids and contractor's information,
• Removal and disposal or recycling of existing Underground Storage Tank (UST)
system components according to applicable state and federal environmental
regulations,
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Enprotec/Hibbs & Todd, Inc. Agreement
• Site assessment and reporting requirements related to tank removal, assuming
existing system is leak free and no remediation effort will be needed. If further
investigation and/or remediation effort is needed additional scope and fees will be
negotiated,
• Construction of project as designed in compliance with applicable engineering,
industry standards and environmental regulations,
• Inspection of construction activities through project completion,
• Project closeout with as -built plans and 11 month inspection.
Construction Phase
The project is necessary due to the aging fuel tanks and the need to update to current state and federal
(Petroleum Storage Tank) PST compliance regulations at the site. Existing components and tanks will
be removed, the site assessed and prepared for new construction. Construction will be coordinated to
limit facility shut down to a minimum.
Periodic inspection will be performed for the project (weekly with presence at specific critical tasks).
Review and certify pay applications. Close out with as -built set of plans to be completed when project
finished.
Project Schedule
Upon approval by the COL, el -IT will schedule a meeting with COL personnel to finalize a schedule to
accomplish the scope of work per your needs and accomplishable timeline. The effort on the project
will be initiated upon contract approval. A timeline ghant chart will be used to schedule the associated
tasking with this project.
Project Cost
The fees for the project design, bid assistance and periodic construction observation are presented on the
cost summary below and are based upon estimates concerning time for the design, bid coordination, and
construction services. Should the scope of services change, we propose to submit a contract amendment
to indicate the additional services and the associated fees. Our current rate schedule is attached, see
attachment A-1.
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Enprotec/Hibbs & Todd, Inc. Agreement
Cost of Professional Services
Task 1 Preliminary Design
1.1 — Preliminary Design
$ 12,920
1.2 - Geotechnical Evaluation
5,500
1.3 - Site Survey
5,200
Task 2 — Final Design
2.1 — Removal of Tanks and
Equipment
6,500
2.2 — New Construction
21,400
Task 3 — Bid Preparation and Award
3.1 Task 3 — Bid Preparation and
Award
5,100
Task 4 — Construction
4.1 — Removal of Tanks, Equipment,
3,980
and assessment
4.2 — New Installation
9,960
Task 5 - Project Closure
5.1 Closeout
3,570
Total Not to Exceed Fee
$74,130
Refer to the FEE SCHEDULE associated with these services, see ATTACHMENT A-1 next page.
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Enprotec/Hibbs & Todd, Inc. Agreement
ATTACHMENT A-1
Enprotec / Hibbs & Todd, Inc.
CURRENT HOURLY CHARGES FOR PROFESSIONAL SERVICES
Charges include all salaries, salary expense, overhead, and profit.
Principal..............................................................................................................................$
175.00 per hour
Senior Project Manager..........................................................................................................150.00
per hour
ProjectManager.....................................................................................................................135.00
per hour
Senior Engineer/Hydrogeologist............................................................................................130.00
per hour
Project Engineer / Geologist..................................................................................................120.00
per hour
ProjectScientist......................................................................................................................110.00
per hour
Senior Engineering Technician..............................................................................................110.00
per hour
Staff Engineer / Geologist......................................................................................................100.00
per hour
RPLSI....................................................................................................................................105.00
per hour
RPLSII .....................................................................................................................................90.00
per hour
Operations Specialist / Regulatory Compliance Specialist....................................................105.00
per hour
Engineering Technician I.........................................................................................................90.00
per hour
Engineering Technician II........................................................................................................80.00
per hour
Engineering Technician III .......................................................................................................70.00
per hour
CMTTech I..............................................................................................................................50.00
per hour
CMTTech II ............................................................................................................................45.00
per hour
EnvironmentalTech I...............................................................................................................85.00
per hour
Environmental Tech II .............................................................................................................65.00
per hour
SurveyTech I...........................................................................................................................55.00
per hour
SurveyTech II ..........................................................................................................................40.00
per hour
CADI.......................................................................................................................................80.00
per hour
CADII ......................................................................................................................................67.50
per hour
Secretarial.................................................................................................................................45.00
per hour
Survey Party Conventional.......................................................................................
120.00 per hour - 3 man
....................................................................................................................................
90.00 per hour - 2 man
GPSSurvey Party...................................................................................................................150.00
per hour
Our survey parties come equipped with surveying equipment appropriate for the job before them. No
separate charges are made for use of electronic distance measuring devices,
theodolites, vehicles, radios,
etc.
Expense Items
Consultants, Contractors & Supplies......................................................................................
Cost plus 10%
BlueLine Prints.........................................................................................................................
2.50 per copy
FilmSepias..............................................................................................................................10.00
per copy
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Enprotec/Hibbs & Todd, Inc. Agreement
Travel (out of town only)....................................................................................... Current IRS rate per mile
Lodging and meals (out of town trips).......................................................................................... Actual cost
01/12 P:\Forms\HRLY CHG.wpd
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Enprotec/Hibbs & Todd, Inc. Agreement
EXHIBIT B
TO
CONTRACT FOR ENGINEERING SERVICES
Owner: City of Lubbock, Texas
Engineer: Enprotec/Hibbs & Todd, Inc.
Project: Renovations and Improvements to Fuel Site
COMPENSATION
For the services covered by this Contract, the Owner agrees to pay the Engineer as follows:
A. CITY and ENGINEER have established a not -to -exceed budget of $74,130.
B. The Engineer agrees to use its best efforts to perform the services within the billing limits stated
above and in accordance with the agreed upon performance schedules. If, at any time, the
Engineer has reason to believe that additional work is required outside the defined scope of work
of this Agreement, the Engineer shall promptly notify the Owner to that effect.
The Owner will not be obligated to reimburse the Engineer for costs incurred in performing the
additional work, nor shall the Engineer be obligated to perform the additional work under the
Agreement or otherwise incur costs in excess of the amount stated above, unless and until the
Owner notifies the Engineer in writing that the billing limits have been increased, and has
specified in such notice revised billing limits for the services in question. When and to the extent
that the billing limits have been increased, any costs incurred by the Engineer, in excess of the
billing limits prior to their increase shall be allowable to the same extent as if such costs had been
incurred after the increase in the billing limits was approved.
C. Monthly payments shall be made to the Engineer by the Owner based on the Engineer's
statement. The statement shall indicate amount due proportionate to the progress of the work as
reported by the Engineer. The statement shall be itemized to indicate the amount of work
performed and the associated reimbursable expenses and subcontract costs.
D. The entire amount of each statement shall be due and payable upon receipt by the Owner. In the
event Owner disputes any invoice item, Owner shall give Engineer written notice of such
disputed item within ten (10) days after receipt of such invoice and shall pay to Engineer the
undisputed portion of the invoice according to the provisions hereof. If Owner fails to pay any
invoiced amounts when due, interest will accrue on each unpaid amount at the rate of one and
one-half percent (1 ''/z%) per month, or the maximum amount allowed by law, if less, from the
date due until paid according to the provisions of this Agreement. Interest shall not be charged on
any disputed invoice item finally resolved in Owner's favor. Payment of interest shall not excuse
or cure any default or delay in payment of amounts due.
G. It is understood and agreed:
That the Engineer shall start the performance of the services within ten days of receipt of
notice to proceed and shall submit the documents covering them to the Owner for review
as described in Attachment A.
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Enprotec/Hibbs & Todd, Inc. Agreement
2. That the Engineer shall keep records on the basis of generally accepted accounting practice
of costs and expenses and which records shall be available to inspection at reasonable
times.
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Enprotec/Hibbs & Todd, Inc. Agreement