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HomeMy WebLinkAboutResolution - 2021-R0010 - Professional Services Contract 15570 with Agri-Waste Technology 1.12.21Resolution No. 2021-R0010 Item No. 7.14 January 12, 2021 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 Contract No. 15570 related to wastewater system and land application evaluations, permitting, and related services, by and between the City of Lubbock and Agri -Waste Technology, Inc. ("AWT") , 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. Passed by the City Council on the 12th day of January , 2021. DANIEL M. POPE, MAYOR ATTEST: 't b4t r Rebe ca Garza, City Se etary APPROVED AS TO CO Assistant City Manager APPROVED AS TO FORM: Amy Ims, eputy City Attorney RES.Agreement-Agri Waste Technology 12-21-20 Resolution No. 2021-R0010 Professional Services Agreement STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement') Contract No. 15570 is entered into this 12th day of January, 2021, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Agri -Waste Technology, Inc. (the "Engineer" or "AWT"), a North Carolina corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for wastewater system and land application evaluations, permitting, and related services, (the "Activities"); and WHEREAS, the 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 the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional 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 Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 24 months. If the Engineer determines that additional time is required to complete the Services, the Director of Water Utilities, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Land Application Water -Nitrogen Balance Modeling Page 1 of 15 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services") B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $339,670 as set forth in Exhibit "B". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION 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 Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The 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. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Land Application Water -Nitrogen Balance Modeling Page 2 of 15 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement 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, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The 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, the Engineer and the Engineer's employees and/or sub -consultants, 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 Land Application Water -Nitrogen Balance Modeling Page 3 of 15 regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the 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. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub - consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Per Claim and in the Aggregate Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. Land Application Water -Nitrogen Balance Modeling Page 4 of 15 The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the 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. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. Thb provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit A, attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Land Application Water -Nitrogen Balance Modeling Page 5 of 15 ARTICLE X. CONFIDENTIALITY The 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 THE 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 Olt OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The 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 Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement 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. Land Application Water -Nitrogen Balance Modeling Page 6 of 15 B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Chris Mosley, CEO Agri -Waste Technology, Inc. 501 N. Salem St., Suite 203 Apex, NC 27502 Telephone: 919-367-6311 Facsimile: 919-233 -1970 cmosley@agriwaste.com C. City's Address. The City's address and numbers for the purposes of notice are: Neil Weems, Environmental Compliance Coordinator City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Telephone: 806-775-2880 Facsimile: 806-775-3 027 nweems@mylubbock.us 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 Agreement, 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 AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The 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 Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. Land Application Water -Nitrogen Balance Modeling Page 7 of 15 B. Audit. The 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, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND 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 AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement 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 Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. Land Application Water -Nitrogen Balance Modeling Page 8 of 15 J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the 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 the 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 the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving parry'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 the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Section 2270.002, Government Code, (a) This section applies only to a contract that: (1) Is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Land Application Water -Nitrogen Balance Modeling Page 9 of 15 EXECUTED as of the Effective Date hereof. ATTEST: Reb c Garza, City'ec eta APPROVED AS TO CONTENT: ILZ-a 1�_' V� - - Aubrey A. Sp , P.E., Direct r of Water Utilities APPROVED AS O FO Amy Si , Assi nt City Attorney CITY OF LUBBOCK Daniel M. Pope, Mayor Firm Agri -Waste Technology, Inc. �_ Chris Mosley, Chief E cutive Officer Land Application Water -Nitrogen Balance Modeling Page 10 of 15 Exhibit A Land Application Water -Nitrogen Balance Modeling Scope of Services Background The City must continuously monitor soil conditions and crop efficiencies at the Lubbock Land Application Site (LLAS) and Hancock Land Application Site (HLAS) to ensure that the City is in compliance with the Southeast Water Reclamation Plant's (SEWRP) wastewater discharge permit authorized by the Texas Commission on Environmental Quality (TCEQ). Treated wastewater irrigation optimization requires agronomy and engineering consulting services to monitor site conditions and periodically update water and nitrogen balance models related to land application activities. This scope of services provides water/nitrogen balance modeling, including an annual model update and site visits to verify that conditions at LLAS and HLAS are consistent with Texas Commission on Environmental Quality (TCEQ) requirements. The model assists staff in ensuring that the land application activities do not add additional nitrates to the groundwater. Additionally, the model provides recommendations on crop rotation schedules to ensure that the high nitrate effluent water is balanced with the crops' ability to use the nitrates in the water, preventing them from filtering down through the soils into the groundwater. Project Scope of Work The project scope of work includes the accomplishing the tasks as detailed below. Task 1: Water / Nitrogen Balance Modeling and Reporting This task consists of providing services associated with the Water and Nitrogen balance modeling and reporting activities. Task 1.1 Weekly Activities 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 • Reservoir levels for that week • Pumping summaries from W WTF • Pumping summaries to plots and outfalls • Available storage in reservoirs • Recommended applications to plots during the upcoming week reported in gallons and inches including special notes as required B. Data table updates to model, including effluent data updates and land application spreadsheets C. Weekly Summary Report shall include: • Summary of applications for the previous week including recommended and actual applications, difference in application rates, planned annual PAN application (pounds of N Land Application Water -Nitrogen Balance Modeling Page 11 of 15 per acre), year to date PAN application (pound of N per acre and percent of planned), and special notes and explanations for differences over 0.5 inches of irrigation • Significant non -routine issues requiring attention Task 1.2 Quarterly Activities A. 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. B. 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. C. GIS updates and deliver of updated shapefiles and other date to the City. D. 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: • Needs from the client • Upcoming deliverables to clientlothers • Completed & upcoming milestones, events, and meetings • Outstanding issues Task 1.3 Annual Activities A. 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. B. 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 Chances Full 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 Under this task, AWT will visit the land application sites at designated times to make observations and collect data relative to the water and nitrogen model updates. Task 3.1 Winter Site Visit — Verify Site Conditions For this subtask, the agronomist will visit the land application sites to verify model parameters during the winter. The contractor will schedule the site visits by an agronomist (one accompanied by engineer) through the technical representative. During this site visit the contractor's agronomist will verify that conditions at LLAS and HLAS are consistent with the model parameters being used for weekly Land Application Water -Nitrogen Balance Modeling Page 12 of 15 recommendations. The agronomist will prepare a site visit report. The contractor will develop a report providing notes from the visit and identifying any issues requiring attention. Task 3.2 Summer Site Visit —Verify Site Conditions & SAR Inspection This subtask will consists of two parts: A. The agronomist will visit the land application sites to verify model parameters during the summer. The contractor will schedule the site visits by an agronomist (one accompanied by engineer) through the technical representative. During this site visit the contractor's agronomist will verify that conditions at LLAS and HLAS are consistent with the model parameters being used for weekly recommendations. The agronomist will prepare a site visit report. The contractor will develop a report providing notes from the visit and identifying any issues requiring attention. B. In addition, a Hancock Land Application Site Soil Absorption Ration (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. Task 5 Land Application Services This task consists of additional land application services that may be necessary to meet TCEQ compliance activities such as additional model simulations, site visits, recharge estimates, or any other related activity within the scope of services provided. These activities will not be performed without written authorization by the City. Land Application Water -Nitrogen Balance Modeling Page 13 of 15 Exhibit B Land Application Water -Nitrogen Balance Modeling Budget CITY and ENGINEER have established a not -to -exceed fee of $339,670 to complete services under this Contract, as shown below by major task. This amount will not be exceeded without a contract amendment. Fees will be billed as a lump sum amount per Unit performed for Tasks 1 through 4. If Task 5 activities are authorized by the City in writing, these services will be billed based on the Rate Schedule below. ENGINEER agrees to complete these services as delineated above. Should a change in Scope of Services or Time of Performance be necessary, an amendment to this contract shall be negotiated at that time. The following table summarizes the fees to be required to complete the above scope of services. Task 5: Consulting Services requested by the City, AWT agrees to perform such work at the hourly rates and fee reimbursements included in the schedule of fees and do not exceed a total of $10,000 per year, paid at percent completed of rendered services. Task Description Unit Amt. Unit Total Amt. 1 Water/Nitrogen Balance Modeling and Reporting - - 1.1 Weekly Activities $4,545 24 $109,080 1.2 Quarterly Activities $5,050 8 $40,400 1.3 Annual Activities $14,140 2 $28,280 2 Model Simulations $5,934 8 $47,472 3 Site Visits - - - 3.1 Winter Site Visit- Verify Site Conditions $8,080 2 $16,160 3.2 Summer Site Visit- Verify Conditions & SAR Inspection $14,140 2 $28,280 4 LLAS Recharge Estimates $8,333 6 $49,998 5 Land Application Services $20,000 T&M $20,000 Total 1$339,670 Land Application Water -Nitrogen Balance Modeling Page 14 of 15 AWT Rate Schedule Rates for January 2021 through December 2022 Staff Chris Mosley Jeff Vaughan Chris McGee Julie Davidson Engineering/CAD Technician Field Technician Administration Services Rate $131.30 per hr $1,444.30 per day $202.00 per hr (legal rate) $131.30 per hr $1,444.30 per day $202.00 per hr (legal rate) $122.25 per hr $1,388.75 per day $189.38 per hr (legal rate) $101.00 per hr $1,055.45 per day $60.60 per hr $50.50 per hr $50.50 per hr Reimbursable Expenses Air Travel Lodging Mileage Meals Miscellaneous Direct Project Expenses Postage Shipping (Fed Ex, UPS, etc.) At Cost At Cost $0.58/mile At Cost At Cost + 10% At Cost At Cost Land Application Water -Nitrogen Balance Modeling Page 15 of 15