NL Cypress-CN081027ALAN PLUMMER ASSOCIATES, INC.
STANiDARD AGREEMENT FOR ENVIRONIMENTAL CONSULTING SERVICES
Project No. 20Q8-230-00 ,
This AGREEMENT is entered on the date of execution by and between ALAN PLUMMER ASSOCIATES, lNC., a Texas
corporation hereinafter referred to as ENGINEER and the following described entity, hereinafter referred to as "CLIENT."
CLIENT INFOIR,MATION
Name: ~jj~of,C~p~ll Contact: Ken Griffin P.E.
Company, Corporation, Individual, etc.
Bill~g Address: P ,..
Telephone: i972L304-3680
Fax: ~,~a...... w
CLIENT requests and authorizes ENGINEER to perform the folbwing services:
SCOPE:
COMPENSATION by the CLIENT to
When compensation is on acost-reimbursable basis, a service charge of 15 percent will be added to Direct Expenses. All
sates, use, value added, business transfer, gross receipts, or other similartaxes wiU 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 ~Rtacttrrnents or schedules. This AGREEMENT supersedes all prior AGREEMENTS and understandings and may only
be changed by written amendment executed by both parties.
Approval for C T Accepted for Alan Plummer Associates, Inc.
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PROVISIONS
Z. Aufhotlizatian tto Proceed
Execu~on of ft~ts AGREEMENT by the CLIENT will be
authorization for ALAN PLUMMER AND ASSOCIATES,
INC. {"ENG'INEER'S to proceed with the work, unless
otherwise provided for in this AGREEMENT.
costs, and related closeout ousts. 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.
2. Salary Costs
ENGINEER'S Salary Costs, when the basis of
compensation, are the amount of wages or salaries paid
E~INEER's employees for work directly performed on
CLIENTs Protect plus a percentage applied to all such
wages or salar~s to cover all payroll-related taxes,
payments, premiums, and benefits.
3. Per Dunn Rates
ENGINEERSs Per Diem Rates, when the basis of
compensation, are those hourty or daisy rates charged
for work performed on CLIENTs Project by
ENGINEER`S empbyees of the indicated classifications.
These rates are subject to annual calendar year
adjustments and include all albwances for salary,
overheads, artd fee, but do not include allowances for
Direct Expenses.
4. Direct Expenses
ENGINEER'S Direct Expenses, when part of the basis of
compensation, are those costs incurred on or diredty for
the CLIENTs Prated, including, but not limited to,
necessary transportation costs, including ENGINEER's
Curren! rates for ENGINEER'S vehicles; meals and
lodging; laboratory teats and analyses; computer
services; word processing services, telephone, printing,
biruiing, and reproduction charges; all costs associated
with outside consultants, subconsultants,
subcontractors, and other outside services and facilities;
and other similar costs. Reimtwrsement for Direct
Expenses w~l be on the basis of actual charges when
famished by oornmercia! sources and on the basis of
current rates when famished by ENGINEER.
3. Cost Opinions
Any cost opinions or Project ecenomic evaluations
provi~d by ENGINEER will be on a basis of experience
and judgment; but, since it has no control over market
oonditbns or bidding procedures, ENGINEER cannot
warrant that bids, ultimate construction cost, or Protect
economics win not vary from these opinions.
6. Tenmlrtation
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
7. Payment to ENGINEER
Monthly invoices will be issued by ENGINEER for all
work performed under this AGREEMENT. Invoices are
due and payable on receipt. Interest at 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 will 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 biN 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.
8. 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
conU~tors, subcontractors or other entities nor
assumes responsibiNty fa their failure to perform their
work in axordance with their contractual
responsibilities.
10. LitiyaWon Assistance
Unless specifically set forth in the Scope of Services,
the Scope of Servicx3s does not indude costs of the
ENGINEER for required or requested assistance to
support, prepare, document, bring, defend, or assist in
litigation oradministrative proceedings taken or
defended by the CLIENT.
Ail such services required or requested of the
ENGINEER by the CLIENT, except for suits or daims
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 CLIENTS
damage.
11. Venue
1n 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 end shall
be governed by the laws of the State of Texas.
4T. Sevarabitity and Survival
>f any of ttte provisions contained in this AGREEMENT
are held ifiegbi, irwalid or unenforceable, the
enforceability of the remaining provisions shall not be
impaired thereby. Limitations of liability and indemnities
shall survive termination of this AGREEMENT for any
cause.
13. tMerpretation
The limitatior-s of liability and indemnities will apply
whether ENGfNE)ER's liability arises under breach of
contract or warranty; tort, inducting negligence; strict
liability; statutory liability; or any other cause of action,
except for willful misconduct or gross negligence for
IimitaNons of liability and sole negligence for
indemnification, and shalt apply to ENGINEER'S
officers, affiliated corporation, employees and
suboontrac~ors. The law of the state of Texas shall
govern tha validity of this AGREEMENT, its
interpretation and performance, and any other claims
related to it.
ENGINEER'S services are defined sdely by this
AGREEMENT, and not by any other contract or
AGREEMENT that may be associated with the Project.
15. Liability
a. ENGINEER'S services shalt be governed by
the negligence standard for professional
services, measured as of the time those
services are performed.
b. 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 perrormances 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.
c. 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.
d. As used herein, ENGINEER includes the
corporation, subcontractors, and any of its or
their officers, or employees.
e. As between the CLIENT and the
ENGINEER, any contract daim must be
brought within 2 years from the day following
the ad or omission giving rise to the breach
of contract daim.
16. Assignment
Neither Party will assign all or any part of this
Agreement without prior written consent to the other
party.
14. No Third Party Beneficiaries
TMs AGREEMENT gives no rights or benefits to anyone
other than the CLIENT and ENGINEER and has no third
party beneficiaries. The CLIENT will indude a provision
in each aigr+eernent wrhict- CLIENT enters into with any
other entity or person that such entity or person shall
have no third-part' benefidary rights under this
Agreement.
ATTACHMENT A
ALAN PLUMMER ASSOCIATES, INC.
HOURLY FEE SCHEDULE
Zoos
Staff Description
Staff
Code 2008 Rate
Admin Staff Al-A3 $ 62.00
Senior Admin Staff A4 $ 75.00
Designer/Technician C1-C2 $ 75.00
Senior Designer/Technician C3-C4 $ 95.00
Engineer-in-TraininglScientist-in-Training ES1-ES3 $ 90.00
Project Engineer/Scientist ES4 $ 105.00
Senior Project Engineer/Scientist ES5 $ 120.00
Project Manager ES6 $ 140.00
Senior Project Manager ES7 $175.00
Principal ES8-ES9 $ 210.00
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
CURRENT