HomeMy WebLinkAboutResolution - 2008-R0034 - Professional Services Agreement - Enprotec/Hibbs & Todd Inc. - 01/24/2008Resolution No. 2008-R0034
January 24, 2008
Item No. 4.19
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 Enprotec/Hibbs & Todd, Inc., and all
related documents. Said 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.
Executed by the City Council this 24th
day of January 2007.
DAVID A. MILLER, MAYOR
ATTEST:
Secretary
APPROVED AS TO CONTENT:
Tom Adams,
Deputy City Manager/Water Utilities Director
APPROVED AS TO FORM:
Richard K. Casner, First Assistant City Attorney
ao/ccdocs/ProfessionafServicesAgreement EnproteeHibbs & Todd.res
January 10, 2008
Resolution No. 2008-80034
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into this 24th
day of January , 2008, by and between the City of Lubbock (the "City"), a
Texas home rule municipal corporation, and EnprotecfHibbs & Todd, Inc. (the
"Engineer"), a Delaware corporation.
WITNESSETH
WHEREAS, Engineer has substantial skill and experience in engineering and
design of pipelines, pumping facilities, raw surface water treatment facilities and water
storage facilities (the "Activities");
WHEREAS, after consideration of 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 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, as set forth on Exhibit "A", "Scope of
Services" (herein so called), and Exhibit "C", "Task Order 1 "and Exhibit "D", "Task
Order 2", attached hereto (the "Services"). The Services shall be completed by Engineer,
including the preparation and delivery to City of all deliverables and other work product,
as provided in the Scope of Services.
ARTICLE II
Compensation and Term
2.01 The consideration to be paid for the Services to be provided by City as described
in Article 1 shall be performed on a time and materials basis as provided on
Exhibit "B", attached hereto, not to exceed the sum of Three Hundred Thousand
and 001100 dollars ($300,000). 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 City within thirty (30) days after receipt of same.
2.02 This Agreement shall expire on March 1, 2012. All Services shall be completed
on or before such date. The City may terminate this Agreement for convenience
by providing written notice to Engineer at least five (5) days prior to the effective
date of termination as provided in such notice. In the event this Agreement is
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 a reasonable and prudent engineer, and
Engineer 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
Page 2 of 20
under this Agreement and/or in its services, hereunder. During the performance of
the Services under this Agreement, Engineer and Engineer's employees shall 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 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 delivered to Engineer,
exercise any right or remedy available to it by law, contract, equity or otherwise,
including without limitation, 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
Page 3 of 20
operations in connection with this Agreement, including without limitation, the
indemnity obligations set forth herein.
Engineer shall obtain and maintain in full force and effect during the term
of this Agreement, commercial general liability, professional 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:
Professional Liability:
Combined Single Limit:
Automobile Liability:
Combined Single Limit for any auto
$300,000
$500,000
$100,000 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 those policies. Engineer shall provide a Certificate of
Insurance to the City as evidence of coverage. The Certificate shall provide 30
days notice to the City of cancellation. A copy of the additional inStired
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
Page 4 of 20
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.
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.
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.
The Engineer hereby releases the City and the City's elected officials,
officers, agents, employees and independent contractors, for itself, its employees
and agents, and 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, dainages,
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.
Page 5 of 20
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:
Thomas Adams, Deputy City Manager
City of Lubbock
F.Q. Box 2000.
Lubbock, TX 79457
Facsimile: 806-775-2051
w/copy to:
Aubrey Spear, Assistant Water Utility Director
City of Lubbock
P.Q. Box 2000
Lubbock, TX 79457
For Engineer:
Scott F. Hibbs, PE
Enprotec/Hibbs & Todd, Inc.
402 Cedar Street
Abilene, Texas 79601
Page 6 of 20
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 COUNT) ,
TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS
AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL
EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS.
6.04 This Agreement represents the entire and sole agreement between the City and the
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 the 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 of 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.
Page 7 of 20
6.07 Any and all work product prepared by Engineer as part of the Services hereunder,
shall become the property of the City when the Engineer has been compensated as
set forth in Section 2.01, above.
6.08 A waiver by either City or Engineer of a breach of 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.
6.09 Engineer may not assign this Agreement, in whole or in part, without the written
consent of such assignment by the City. City and Engineer each bind itself or
himself, 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.
Page 8 of 20
IN WITNESS WHEREOF, the parties have executed this Agreement by their
duly authorized representatives as of the date first written above.
Engineer: ENPROTEC/HIBBS & ODD, INC.
By: , !
Name: $ c --T—" "C ,li,,c5-I
Title: /
CITY OF LUBBOCK
DAVID A. MILLER, MAYOR
ATTEST:
rbecca�Ilra, City Secretary
APPROVED AS TO CONTENT:
as Adams
6Deputy City Manager/Water Utilities Director
APPROVED AS TO FORM:
r�t�
e (�—;' ,
Richard K. Casner
First Assistant City Attorney
ao/CityAtt/Richard/Professional5ervicesAgreement-EnprotecHibbs & Todd, Inc.
January 4, 2008
Page 9 of 20
Resolution No. 2008—R0034
Exhibit A
Scope of Services
The City of Lubbock (Owner) intends to construct Lake Alan Henry water supply infrastructure which includes raw
water and finished water transmission pipelines, up to three pump stations, and a water treatment plant (Project). The
City has engaged a consulting firm to provide Engineering Design (Designer) for the Project. This relationship is or will
be documented by an agreement between the Owner and Designer, including amendments thereto, if any.
The Owner is engaging under this Agreement Enprotec f Hibbs & Todd, Inc. ("Engineer" or "Peer Reviewer").
Designer, Owner, and Peer Reviewer are referred to herein individually as a "party" or collectively as the "parties "
The Owner agrees that an Independent Project Peer Review (Peer Review) of certain parts of Designer's services is to
be conducted. This Exhibit sets forth the extent of the Peer Review and the relationships between the parties named
above in connection with the Peer Review.
Part 1 - Status of Peer Reviewers
1.1 Intentionally omitted
1.2 Representations as to independence and Authorization
The Peer Reviewer represents as follows with regard to itself as of the date of its execution of the Professional
Services Agreement:
1. It is not employed by, nor does it have any financial interest in the Designer's organization. It does not
have any financial interest in the outcome of the Peer Review, nor have any personal relationships which could
influence or compromise the review process. It has had no previous involvement in the Project being reviewed
2. That the providing of services in fulfillment of this Scope of Services is in no way related to or impaired by
any other financial, business, property, personal or other relationships or interests of the individual or entity, whether
such relationships or interests are identified or not, and that all necessary notifications to other employers, clients, or
others, if any, have been made and all necessary permissions, if any, have been granted.
3. That the Peer Reviewer will abide by the appropriate canons of the professional societies serving the
discipline in which it practices.
Part 2 - Basic Services of Peer Reviewers
2.1. Peer Reviewer shall perform as Basic Services the tasks of Part 4.
2.2 The parties recognize that the nature of the services during a Peer Review cannot be foreseen precisely and
that the scope of services and the compensation are subject to adjustment as the Peer Review progresses. The
parties shall cooperate to expedite and complete the Peer Review within the Scope of Services, if possible, consistent
with this Exhibit, individual Task Orders, and good professional judgment and practice. Designer and Peer Reviewer
shall keep Owner informed as to the effort expended and progress made toward completion of the Peer Review.
2.3 All responsibilities shall be carried out in accordance with all applicable laws, rules, regulations, ordinances,
codes, orders, and special controlling requirements, if any, of governmental agencies, lending institutions, or other
authorities having jurisdiction.
Page 10 of 20
2.4 Communications between all the parties during the Peer Review shall be encouraged to facilitate efficiency..
cooperation and understanding.
2.5 Designer and Peer Reviewer shall designate in writing a person to act as its representative under this
Agreement. Such person shall have authority to transmit instructions and receive information.
Part 3 - Owner's Responsibilities
3.1 Owner shall perform or provide the following in a timely manner so as not to delay the services of Peer
Reviewer
3.1.1. Designate in writing a person to act as Owner's representative with respect to the services to be
rendered on the Project. Such person shall have authority to transmit instructions, receive information, and interpret
and define Owner's policies and decisions with respect to Designer's and Peer Reviewers services for this Peer
Review.
3.1.2. Assist Designer and Peer Reviewer by providing all available information pertinent to the parts of the
Project under Peer Review. Peer Reviewer may use and rely upon this information, unless otherwise directed by
Owner, in performing services. Such information shall include, as appropriate, but not be limited to the following.
a. data prepared by or as a result of services of others such as subsurface explorations, specialized
surveys, and laboratory tests and inspections of samples, materials, and equipment;
b. appropriate professional interpretations of the foregoing;
c. environmental assessment and impact statements;
d. property, boundary, right-of-way, easement, topographic, and utility surveys;
e. property descriptions;
f. zoning, deed, and other land use restrictions; and
g. other special data or consultations provided to Peer Reviewer by Owner.
3.1.3. Arrange for access to and make all provisions for Designer and Peer Reviewer to enter upon Owner's
property and other property to which Owner has the right of access as required for Designer and Peer Reviewer to
perform services.
3.1.4. Examine all studies, reports, and other documents presented by Designer and Peer Reviewer, obtain
advice of attorneys, insurance counselors and other advisors or consultants as Owner deems appropriate for such
examination, and render in writing necessary decisions within a reasonable time so as not to delay the services of
Designer or Peer Reviewer,
3.1.5. Give prompt written notice to Designer and Peer Reviewer whenever Owner becomes aware of any
development that affects the scope, timing, or factual bases of the Peer Review.
3.1.6. Furnish additional information or direct Peer Reviewer to provide additional services to obtain such
additional information as required, in the opinion of Owner, due to developments that arise during the conduct of the
Peer Review and as are necessary for its completion.
3 1.7. Participate in and make decisions as required to facilitate the reaching of agreement between Designer
and Peer Reviewer,
Page 11 of 20
Part 4 - Peer Reviewer's Responsibilities
4.1 Peer Reviewer shall provide a Peer Review of the Project in accordance with the following procedure:
4.1.1. Meet with the Owner and/or Designer to become familiar with:
a. the Project program, scope, and constraints;
b. Designer's assumptions regarding technical and statutory and regulatory requirements;
c. approaches considered by Designer;
d. standards referenced;
e. computer programs used;
f. problems encountered;
g. special solutions accomplished;
h. additional analyses that were made that are not reflected in the Review Documents; and
i, other matters of importance related to that part of the Project to be included in the Peer Review.
4.1.2. Review the documents provided by Owner or Designer as described in paragraph 3.1.2, above, and
other documents related to the Project (the "Review Documents") for compliance with the Project program and
purpose as well as with accepted standards of professional and technical practices. Such review is to be for
acceptability and not merely for Peer Reviewer's preferences.
4.1.3. Discuss the Project with Owner's and/or Designer's employees to develop an understanding of the
design process and the design documents.
4.1.4. Discuss findings with Designer and attempt to reach agreement on all points where Peer Reviewer
recommends that the design be revised, including acceptable modifications to Peer Reviewer's own
recommendations as appropriate in order to obtain acceptance by Designer.
4.1.5. Recommend to Owner that its design program be modified as appropriate to accommodate revisions
agreed upon by Peer Reviewer and Designer for the improvement of the Project.
4.1.6. Prepare and present written Reports (in the form of sequential Technical Memorandums) of their
findings and recommendations to Owner and Designer when review of a project phase or various project documents
is complete explanation of Peer Reviewer's recommendations to Designer is accomplished, and the appropriateness
of revisions to the design has been agreed upon to the extent possible by Peer Reviewer and Designer.
4.1.7. Cooperate with Owner and Designer in determining the necessary steps to take to resolve conflicting
technical opinions, if any, between Designer and Peer Reviewer, endeavoring at all times to accomplish the
necessary revisions so as to reduce the Peer Review's cost and disruption of the Project's progress.
4.1.8. Inform Owner of the progress of the Peer Review, the points of agreement, the points of disagreement,
the alternatives available, and the effects of each alternative.
4.2 in performing their tasks and functions, the Peer Reviewer shall:
4.2.1. Except as otherwise provided by law, maintain strict confidentiality of source, if requested, with respect
to any suggestions for improvement of the Project resulting from discussions with Designer's employees.
Page 12 of 20
4.2.2. Limit activities and investigations to those areas or parts of the Project reasonably necessary for the
accomplishment of the Peer Review.
4.2.3. Maintain professional and ethical standards as set forth by applicable regulatory bodies in carrying out
the Peer Review.
4.2.4. Make no attempt to supplant Designer in any way or to any degree, and to refuse any such offers to
supplant if any are made.
4.2.5. Provide the Peer Review services as necessary for the improvement of the Project, not insisting on
changes that are merely personal preference, and making no misleading representations thereafter as to the value
of these services or of the recommendations resulting therefrom.
4.2.6. Cooperate in modifying the scope of services if practicable in the event that it becomes evident that the
necessary effort will result in the original estimated compensation being exceeded.
4.3 Unless stated otherwise herein, Peer Reviewer is not required to back check documents reviewed after
Designer revise documents as a result of a Report.
4.4 Anticipated response by Designer to each recommendation by Peer Reviewer includes:
4.4.1. acceptance of recommendation without qualifications or conditions; or
4.42 acceptance of recommendation on condition that Owner modifies design program to accommodate
changes in scope, cost, timing, appearance, operations, or capability for future modification; or
4.4.3, proposal of alternative solutions to satisfy Peer Reviewer's and Designer's concerns; or
4.4.4. consultation with an additional expert advisor as to the recommendation in question; or
4.4.5. final rejection of the recommendation.
Part 5 - Period of Service
5.1 The number of separate Peer Reviews of the design process and documents by phases of the Project will be
set forth in individual Task Orders (hereon so called) issued by the Owner, Task Order 1, attached to the Agreement as
Exhibit "C" and Task Order 2, attached to the Agreement as Exhibit "D", being the only Task Orders now authorized. It
is presently contemplated that additional Task Orders will be added by contract amendment. The Task Order(s) shall
contain the anticipated dates of beginning of the Peer Review process at each phase. it is agreed that all dates for the
performance of the Peer Review(s) are dependent upon Designer having completed all Review Documents by dates
set forth in each Task Order.
5.2 Peer Reviewer shall begin the Peer Review within 14 days of receiving an executed Task Order unless
otherwise stipulated in Task Order or otherwise agreed.
5.3 If Peer Reviews are delayed more than 30 days for reasons other than fault on the part of Peer Reviewer from
dates set forth in any Task Order (unless new dates are agreed to), Peer Reviewer shall not be obligated to begin such
Peer Reviews immediately, and all subsequent dates of performance shall be renegotiated.
5.4 It is agreed that ail schedules for the performance of design phases which follow a Peer Review are dependent
upon Peer Reviewer having completed the Peer Review within the intervals set forth by the Owner, ar;d subsequent
design phases may be rescheduled if required by an extended Peer Review.
5.5 Peer Reviewer shall expedite its services whenever possible by the review of selected Review Documents in
advance of assembly of final Review Documents.
Page 13 of 20
5.6 Peer Reviewer shall expedite the resolution of technical questions with Designer by keeping each other
informed of incipient differences of opinion and by seeking resolutions of such differences as early as reasonably
possible.
Part 6 — general Considerations
6.1 Professional Responsibility of Designer and Peer Reviewer
6.1.1 Peer Reviewer shall perform its professional services hereunder in accordance with prevailing
contemporaneous standards of professional practice appropriate to the Project and circumstances.
6.1.2 Peer Reviewer shall endeavor to reach agreement with Designer on recommended revisions to the
Project documents. If such agreement is reached and Owner so desires, Designer shall incorporate the
revisions into its design documents and thereafter continue to take full professional responsibility for them as
the Designer of Record, the same as for the provisions of its documents that were not considered by the Peer
Review or that were considered but not revised. Recommendations by Peer Reviewer must be accepted by
Designer, in an original or a revised form, in order for the recommendations to be included in the Project.
Owner or Peer Reviewer shall not revise Designer's documents.
6.1.3 Peer Reviewer shall not become the Designer of Record for any portion of the Project. Peer Reviewer
shall cooperate with Designer to reach agreement, if possible, on mutually acceptable revisions to the Project.
6.1.4 Owner sh0 cooperate with Designer and Peer Reviewer to the extent consistent with the purposes of
the Project to aid in mutual acceptance by Designer and Peer Reviewer of recommendations, including
consideration of reasonable modifications to the Project (such as the construction budget construction
schedule, construction contracting procedures, permissible construction methods, restrictions on project uses,
or operationlmaintenance practices contemplated), when in accordance with all applicable laws and where
practical to improve the Project to protect the public adequately, in the professionai opinions of Designer and
Peer Reviewer and when agreed to by Owner.
6.2 Electronic Data
Any data transferred to and from the parties in electronic form shall also be transmitted in "hard copy" format Unless
the transmitting party represents to the contrary, the hard copies shall govern and the electronic form shall be regarded
as a secondary transmission for the convenience of the receiving party. The transmitting party makes no
representations as to the accuracy, long term compatibility, usability, or readability of documents resulting from
software application packages, operating systems computer hardware or magnetic media associated with the
electronic data.
6.3 Confidentiality
6.3.1 Except to the extent required by laws or regulations, including without limitation, the Texas Public
Information Act, Tex. Gov't Code Ann. 551.001, et seq., ali proceedings and recommendations of this Peer
Review shall be kept confidential unless all parties grant express written permission for specific disclosures.
6.3.2 Peer Reviewer may list the Peer Review on summaries of their experience or otherwise acknowledge
its occurrence and their participation but, shall not reveal particulars of the Peer Review.
RIC'I{ARD%LAH Enprotec[ I ibbs & Todd Reviewer ExhA Scope ol'Services.dOC
Page 14 of 20
Exhibit B
Peer Reviewer Compensation
1.0 Method of Compensation
Resolution No. 2008-R0034
For Basic Services as described in Exhibit A, and amendments, if any, Owner will pay Peer Reviewer an amount (1)
computed by multiplying Peer Reviewer's Standard Hourly Rates times the hours expended on the Peer Review by
Peer Reviewer's authorized employees, plus (2) Reimbursable Expenses as described in paragraph 2.0 times a factor
of 1.10.
2.0 Reimbursable Expenses
Owner shall pay Peer Reviewer the actual cost of Reimbursabie Expenses incurred by Peer Reviewer as set for in
paragraph 1.0. Reimbursable Expenses shall mean the actual expenses incurred by Peer Reviewer, directly or
indirectly, in connection with She Peer Review, including but not limited to expenses for transportation (and lodging and
subsistence incidentai thereto), reproduction of documents and expenses incurred for highly specialized equipment
(including appropriate and normal charges for program acquisition and maintenance). Mileage shall be reimbursed at
the allowable IRS rate in-place on the last day of the month being invoiced.
3.0 General Provisions Concerning Compensation
The not -to -exceed total compensation, including Reimbursable Expenses, to Peer Reviewer is as provided in Section
2.01 of the Agreement.
Page 15 of 20
Standard Hourly Rates Schedule
Principal.................... ...... ................................................................................................................................ $ 175.00 per hour
SeniorProject Manager .................................................. ....... ...... ............. .............. -.......... .................. ..... - ........ ......140.00 per hour
SeniorEngineer........................................................................................................................................................120.00 per hour
ProjectEngineer...........................................................:............................................................................................105.00 per hour
SeniorStaff Engineer.......................................................................................................... .....95.00 per hour
Senior Engineering Technician....................................................................................................................................90.00 per hour
StaffEngineer .................................................... ..... ........... ............... ...... ....... ................... ................ ...... 90.00 per hour
Operations Specialist! Regulatory Compliance Specialist..........................................................................................85.00 per hour
EngineeringTechnician I.............................................................................................................................. 80.00 per hour
EngineeringTechnician II............................................................................................................................................70.00 per hour
EngineeringTechnician III...........................................................................................................................................60.00 per hour
CAISI...........................................................................................................................................................................70.00 per hour
CADII..........................................................................................................................................................................62.50 per hour
Adm in istrative) Secretarial ............................................................................................................ ..40.00 per hour
RICHARDILAH EnprotecHibbs & Todd Reviewer ExhB Compensation.doc
Resolution No. 2008—R0034
Exhibit C
Task Order 1
Surface Water Treatment Plant
The Basic Services of Peer Reviewer are amended and/or supplemented as set forth below.
1.0 Purpose of the Peer Review
Task Order 01 authorizes Peer Review of the Project's Surface Water Treatment Plant (SWTP). As proposed, the
SWTP will have an initial capacity of 10 mgd with an ultimate build -out capacity of 50 mgd. Membrane fltration will be
used at the SWTP.
2.0 Basic Services of Peer Reviewer
2.1 The Team Leader shall be Scott F. Hibbs, PE.
2.2 Peer Review Scope is to be as follows:
2.2.1 Project Planning:
a. Assist the Owner in developing the Designer's Scope of Work for the SWTP;
b. Review the Designer's Engineering Report;
c. Meet with Owner and Designer as required to obtain SWTP design, operation and
maintenance objectives and available data;
d. Establish communication protocols.
2.2.2 Pilot Study:
a. Review of Designer's draft pilot protocol;
b. Assist Owner in establishing membrane vendors to be piloted;
c. Assist Owner and Designer during piloting, including review of pilot data;
d. Review Designer's draft Pilot Study Report;
e. Assist Owner and Designer with regulatory (TCEQ) agency involvement.
2.2.3 Preliminary Design: Structured review of the Schematic Design.
2.2.4 Final Design: Structured review at 25%, 50%, 75% and 90% design milestones.
a. 25% Review: Structured review with an additional focus on optimizing the membrane
technology.
b. 50% / 75% Reviews: Structured review with an additional focus on operations and
maintenance with Owner operating staff.
c. 90% Review: Structured review and an evaluation of the SWTP against Owner staffing,
experience and capabilities. Assist Owner in operations f maintenance planning.
2.2.5 Bid Phase: Assist Owner and Designer as requested during bidding of the SWTP.
2.2.6 Construction Phase: Assist Owner and Designer as requested during construction of the
SWTP.
2.2.7 Start-up: Support Owner's staff during start-up and initial operation of the SWTP.
3.0 Anticipated Duration of Peer Reviews
3.1 Peer Reviewer shall begin each phase of the Peer Review not later than 14 days after receiving the
Review Documents for that phase from Owner, provided however, that the Team Leader may, upon
examination of the Review Documents, promptly notify the Designer in writing of the Team Leader's
determination that the Review Documents provided are not sufficient or ready for review.
-17-
3.2 The anticipated duration of the Peer Reviews at each phase is variable. The Peer Review Team
Leader will work with Owner and Designer to establish mutually agreeable review durations.
4.0 Compensation
Compensation for Task Order 01 -Peer Review of the Surface Water Treatment Plant — will be in accordance with
Exhibit B at a maximum, not -to -exceed amount of $250,000.
LAH EnpratecHibbs & Tadd Reviewer ExhC Water Treatment.doc
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Resolution No. 2008—R0034
Exhibit D
Task Order 02
Pump Stations
The Basic Services of Peer Reviewer are amended andlor supplemented as set forth below.
1.0 Purpose of the Peer Review
Task Order 02 authorizes Peer Review of the Project's Pump Stations. As proposed, the Pump Stations include
Lake Aian Henry Pump Station
• Post Booster Pump Station.
• Southland Booster Pump Station.
• High Service (Distribution) Pump Station.
2.0 Basic Services of Peer Reviewers
2.1 The Team Leader shall be David Gudal, PE.
2.2 Peer Review Scope is to be as follows:
2.2.1 Project Planning:
a. Assist the Owner in developing the Designer's Scope of Work for the Pump Stations,
b. Review the Designer's Engineering Report;
c. Meet with Owner and Designer as required to obtain Pump Station design, operation and
maintenance objectives and available data;
d. Establish communication protocols.
2.2.2 Preliminary Design Phase: 25% Structured Review.
a. Review of Designer's final design criteria;
b. Review of Designer's preliminary drawings;
c. Review of Designer's outline technical specifications;
d. Review of other written descriptions related to planningldesign of the Pump Stations.
2.2.3 Final Design Phase: 50%, 75% and 90% Structured Reviews.
a. Review of Designer's technical criteria, written descriptions and design data;
b. Review of Designer's drawings;
c. Review of Designer's technical specifications;
d. 50%175% Reviews: Additional focus on operations and maintenance with Owner's
operating staff;
e. 90% Review: Assist Owner in operations/maintenance planning.
2.2.4 aid Phase: Assist Owner and Designer as requested during bidding of the Pump Stations.
2.2.5 Construction Phase: Assist Owner and Designer as requested during construction of the
Pump Stations.
2.2.6 Start-up: Support Owner's staff during start-up and initial operation of the Pump Stations.
3,0 Anticipated Duration of Peer Reviews
3.1 Peer Reviewers shall begin each phase of the Peer Review not later than 14 days after receiving the
Review Documents for that phase from Owner, provided however, that the Team Leader may, upon
examination of the Review Documents, promptly notify the Designer in writing of the Team Leader's
determination that the Review Documents provided are not sufficient or ready for review.
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3.2 The anticipated duration of the Peer Reviews at each phase is variable. The Peer Review Team
Leader will work with Owner and Designer to establish mutually agreeable review durations.
4.0 Compensation
Compensation for Task Order 02 -Peer Review of the Pump Stations o will be in accordance with Exhibit B at a
maximum, not -to -exceed amount of $50,000.
Richard/EnprotecHibbs & Todd Reviewer Exhl) Pump 010808
RICHARD/Professional Services Agreement-EnprotecHibbs & Tadd Final Packet 010808
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