ST9905DR-CN050923ENVlF~)NMENTAL ENGINEERS · DESIGNERS · SCIENTISTS
7524 MOSIER VIEW COURT
SUITE 200
FORT WORTH,TEXAS 76118-7122
PHONE I~17.806.4700
METRO 817-58%2226
FAX METRO 8~7.589.0072
www.apaienv corn
816-0202
September 23, 2005
Ms. Suzan Taylor, P.E.
City of Coppell
Engineering Departmem
P.O. Box 9478
255 Parkway Blvd.
Coppell, Texas 75019
Dear Ms. Taylor,
Enclosed are two copies of the proposed comract agreement to provide consulting
services in reference to the Section 404 permitting requirements for compliance
monitoring and annual reporting for the proposed modifications to the ephemeral
tributary to Grapevine Creek designated as Gl. The attached scope of services outlines
Phase 3 tasks associated with the 404 permit requirements and associated budget for
each task. Services will be provided on a cost-reimbursable basis with total
compensation not to exceed $20,000 without prior written authorization firom the City of
Coppell. Current hourly billing rates for APAI personnel required to provide services are
provided in Attachment B of the proposed comract.
If the proposed terms meet your approval, please sign and return one copy of the
contract to me and keep one copy for your records.
We appreciate the opportunity to continue providing assistance on this project.
Very truly yours,
ALAN PLUMMER ASSOCIATES, INC.
do~etta E. Mokry~
Enclosures
ALAN PLUMMER ASSOCIATES, INC.
STANDARD AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
Project No. 816-0202
This AGREEMENT is entered on the date of execution by and between ALAN PLUMMER ASSOCIATES, INC., a Texas
corporation hereinafter referred to as ENGINEER and the following described entity, hereinafter referred to as "CLIENT."
CLIENT INFORMATION
Name: City of Coppell
Company, Corporation, Individual, etc.
Billing Address: P.O. Box 9478, 255 Parkway Blvd.
Coppell, TX 75019
Contact: Suzan Taylor, P.E.
Telephone: 972-304-3679 main; 972-304-7019 direct
Fax: 972-304-7041
CLIENT requests and authorizes ENGINEER to perform the following services:
SCOPE: Provide consultinq services as outlined in Attachment A, in reference to Section 404 permit requirements for
proposed modifications to approximately 350 linear feet of the iurisdictioeal seqment of the tributary to Grapevine Creek
desiqoated as G1 from Bethel Road to approximately 275 linear feet upstream of Coppell Road South (USACE Project No.:
200400181) to include on-site monitodnq durinq construction activities reqardinq qeneral compliance with the terms and
conditions of the 404 permit, notification to the USACE of schedule of activities for the phases of the proiect, coordination with
plantinq contractor for implementation of the mitiqalion plantinq, annual monitorinq of the planted veqetation to determine
plantinq success, and preparation and submittal of annual compliance monitorinq repods to provide documentation to the
USACE It is anticipated that annual compliance monitorinq reports will need to be submitted to the USACE throuqh at least
October 1, 2008 to document the required two consecutive years of qreater than 80% survival of the planted mitiqation
veqetation after plantinq.
COMPENSATION by the CLIENT to ENGINEER for tasks, as outlined in Attachment A, shall be on a cost-reimbursable basis
with total compensation not to exceed $20,000 without authorization from CLIENT. Billieqs settinq fodh reimbursable costs
under the budqet amount will be submitted monthly. Hourly billinq rates for APAI personnel required to provide services are
provided in Attachment B.
When compensation is on a cost-reimbursable basis, a service charge of 15 percent will be added to Direct Expenses. All
sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to ENGINEER's compensation
when invoicing CLIENT.
OTHER TERMS:
Services covered by this AGREEMENT will be performed in accordance with the PROVISIONS attached to this form and any
other attachments or schedules. This AGREEMENT supersedes all prior AGREEMENTS and understandings and may only
be changed by written amendment executed by both parties.
Approval for CLIENT
Title J~m ~/~tt~ C~ty l(anager
AccepteR for Alan Plummer Associates, Inc.
Title James L. AItstaetter, P.E., Principal,
Date
PROVISIONS
1. Authorization to Proceed
Execution of this AGREEMENT by the CLIENT will be
authorization for ALAN PLUMMER AND ASSOC[ATES,
INC. ("ENGINEER") to proceed with the work, unless
otherwise provided for in this AGREEMENT.
2. Salary Costs
ENGINEER'S Salary Costs, when the basis of
compensation, are the amount of wages or salaries paid
ENGINEER's employees for work directly performed on
CLIENT's Project plus a percentage applied to all such
wages or salaries to cover all payroll-related taxes,
payments, premiums, and benefits.
3. Per Diem Rates
ENGINEER's Per Diem Rales, when the basis of
compensation, are those hourly or daily rates charged
for work performed on CLIENT's Project by
ENGINEER's employees of the indicated classifications.
These rates are subject to annual calendar year
adjustments and include all allowances for salary,
overheads, and fee, but do not include allowances for
Direct Expenses.
4. Direct Expenses
ENGINEER's Direct Expenses, when pad of the basis of
compensation, are those costs incurred on or directly for
the CLIENT's Project, including, but not limited to,
necessary transportation costs, including ENGINEER's
current rates for ENGINEER's vehicles; meals and
lodging; laboratory tests and analyses; computer
services; word processing services, telephone, printing,
binding, and reproduction charges; al~ costs associated
with outside consultants, subconsultants,
subcontractors, and ether outside services and facilities;
and other similar costs. Reimbursement for Direct
Expenses will be on the basis of actual charges when
furnished by commercial sources and on the basis of
current rates when furnished by ENGINEER.
5. Cost Opinions
Any cost opinions or Project economic evaluations
provided by ENGINEER will be on a basis of experience
and judgment; but, since it has no control over market
conditions or bidding procedures, ENGINEER cannot
warrant that bids, ultimate construction cost, or Project
economics will not vary from these opinions.
6. Termination
This AGREEMENT may be terminated for convenience
on 30 days~ written notice by either party with or without
cause. On termination, ENGINEER will be paid for all
work performed up to the termination date plus
termination expenses, such as, but not limited to,
reassignment of personnel, subcontract termination
costs, and related closeout costs. If no notice of
termination is given, relationships and obligations
created by this AGREEMENT, except Articles 8 through
15, will be terminated upon completion of all applicable
requirements of this AGREEMENT.
7. Payment to ENGINEER
Monthly invoices will be issued by ENGINEER for all
work pedormed under this AGREEMENT. Invoices are
due and payable on receipt. Interest al the rate of 1-1/2
percent per month, or that permitted by law if lesser, will
be charged on all past-due amounts starting 30 days
after date of invoice. Payments wiil first be credited to
interest and then to principal.
In the event of a disputed or contested billing, only that
portion so contested will be withheld from payment, and
the undisputed portion will be paid. The CLIENT will
exercise reasonableness in contesting any bill or portion
thereof. No interest will accrue on any contested
portion of the billing until mutually resolved.
8. Independent Consultant
ENGINEER agrees to perform all services as an
independent consultant and not as a subcontractor,
agent or employee of the CLIENT.
9. ENGINEER's Personnel at the Project
The presence or duties of the ENGINEER's personnel at
the Project site, whether as on-site representatives or
otherwise, do not make the ENGINEER or its personnel
in any way responsible for those duties that belong to
CLIENT and/or to other contractors, subcontractors, or
other entities, and do not relieve the other contractors,
subcontractors, or other entities of their obligations,
duties, and responsibilities, including, but not limited to,
all methods, means, techniques, sequences, and
procedures necessary for coordinating and completing
all portions of the work of those parties in accordance
with their contract requirements and any health or safety
precautions required by such work. The ENGINEER
and its personnel have no authority to exercise any
control over any contractor, subcontractor, or other
entity or their employees in connection with their work or
any health or safety precautions and have no duty for
inspecting, noting, observing, correcting, or reporting on
health or safety deficiencies of any contractor,
subcontractor, or other entity or any other persons at
the Project site except ENGINEER's own personnel
PROVISIONS
(continued)
ENGINEER neither guarantees the performance of any
contractors, subcontractors or other entities nor
assumes responsibility for their failure to pedorm their
work in accordance with their contractual
responsibilities.
10. Litigation Assistance
Unless specifically set forth in the Scope of Services,
the Scope of Services does not include costs of the
ENGINEER for required or requested assistance to
support, prepare, document, bring, defend, or assist in
litigation or administrative proceedings taken or
defended by the CLIENT.
Ali such services required or requested of the
ENGINEER by the CLIENT, except for suits or claims
between the parties to this AGREEMENT, will be
reimbursed as may be mutually agreed, and payment
for such services shall be in accordance with Section 7,
unless and until there is a finding by a court or arbitrator
that ENGINEER's sole negligence caused CLIENT's
damage.
11. Venue
In the event that any legal proceeding is brought to
enforce this AGREEMENT or any provision hereof, the
same shall be brought in Dallas County, Texas and shall
be governed by the laws of the State of Texas.
12. Severabilityand Survival
If any of the provisions contained in this AGREEMENT
are held illegal, invalid or unenforceable, the
enforceability ol the remaining provisions shall not be
impaired thereby. Limitations of liability and indemnities
shall survive termination of this AGREEMENT for any
cause.
services, measured as of the time those
services are performed.
The CLIENT's review, approval, or
acceptance of, or payment for, any of these
services shall not be construed to operate as
a waiver of any rights under this
AGREEMENT or of any cause of action
arising out of the performances of this
AGREEMENT, and the ENGINEER shall be
and remain liable in accordance with
applicable law for all damages to the
CLIENT caused by ENGINEER's omissions
or negligent performance of any of the
services furnished under this AGREEMENT.
To the maximum extent permitted by law,
ENGINEER's liability for CLIENT damages
for any cause or combination of causes will,
in the aggregate, not exceed the
ENGINEER's total compensation under this
contract.
As used herein, ENGINEER includes the
corporation, subcontractors, and any of its or
their officers, or employees.
As between the CLIENT and the
ENGINEER, any contract claim must be
brought within 2 years from the day following
the act or omission giving rise to the breach
of contract claim.
16. Assignment
Neither Party will assign all or any part of this
Agreement without prior written consent to the other
party.
13. Interpretation
The limitations of liability and indemnities will apply
whether ENGINEER's liability arises under breach of
contract or warranty; tod, including negligence; strict
liability; statutory liability; or any other cause of action,
except for willful misconduct or gross negligence for
limitations of liability and sole negligence for
indemnification, and shall apply to ENGINEER's
officers, affiliated corporation, employees and
subcontractors. The law of the state of Texas shall
govern the validity ot this AGREEMENT, its
interpretation and performance, and any other claims
related to it.
14, No Third Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone
other than the CLIENT and ENGINEER and has no third
party beneficiaries. The CLIENT will include a provision
in each agreement which CLIENT enters into with any
other entity or person that such entity or person shall
have no third-party beneficiary rights under this
Agreement.
ENGINEER's services are defined solely by this
AGREEMENT, and not by any other contract or
AGREEMENT that may be associated with the Project.
15. Liability
a. ENGINEER's services shall be governed by
the negligence standard for professional
ATTACHMENT A
SCOPE OF SERVICES
Consulting Services Provided in Reference to Section 404 Permit Requirements for
Tributary G-1 Modifications, Coppell, Texas (USACE Project No. 200400181)
Task Description Budget
A Provide coordination with contractor(s) including $3,500
participation in pre-construction meeting and up to six
(6) on-site monitoring visits during construction
activities regarding general compliance with the terms
and conditions of the 404 permit and implementation of
the mitigation planting.
B Provide notification to USACE of schedule of activities $150
for each phase of the project including project mitigation
at least 30 days prior to the start of soil-disturbing
activities.
C Conduct pre-construction meeting with appropriate $1,000
contractor(s) to explain terms and conditions of the 404
permit, provisions of the mitigation plan, and the
contractor's responsibility in ensuring compliance with
the permit.
D Provide confirmation to the USACE that the pre- $150
construction meeting was held.
E Provide annual monitoring of the planted vegetation $2,000/year
within the mitigation area to determine planting success.
F Prepare annual compliance monitoring reports for $1,800/year
submittal to the USACE beginning October 1, 2005 to
document construction activities/schedule, compliance
with permit conditions and performance of mitigation
areas. Annual reports will be submitted to the USACE
until such time that the USACE verifies that the City of
~ Coppell has successfully completed all mitigation plan
components, the mitigation areas have met the
performance standards, including planting success
requirements and all authorized construction activities
have either been completed or deleted from the project.
It is anticipated that achievement of the specified
planting success criteria will be documented by submittal
of the 2008 annual compliance monitoring report.
Total Phase 3 $20,000
(Cost-Reimbursable, with total compensation not to exceed $20,000 without prior
written authorization from CLIENT)
ATFACHMENT B
ALAN PLUMMER ASSOCIATES, INC.
HOURLY FEE SCHEDULE
2005
Staff Description
Staff Code
Billing Rate
Admin Staff
Senior Admin Staff
Designer/Technician
Senior Designer/Technician
Engineerqn-Training/Scientist-in-Training
Project Engineer/Scientist
Senior Project Engineer/Scientist
Project Manager
Senior Project Manager
Principal
Al-A3 $ 62.00
A4 $ 70.00
C1-C2 $ 70.00
C3-C4 $ 95.00
ES0-ES3 $ 80.00
ES4 $ 9O.O0
ES5 $100.00
ES6 $120.00
ES7 $150.00
ES8-ES9 $195.00
Billing rates may be adjusted by up to 4 percent annually (at the beginning of each
calendar year) during the term of this agreement.
A multiplier of 1.15 will be applied to all direct expenses.
2005FLAT