HomeMy WebLinkAbout1994-083
8 City, an agreement with C M Engineering Associates, Inc.,
9 relating to the preparation of construction plans, specifications
10 and estimates for Phase III of the Northwest Interceptor Sewer, a
11 copy of which agreement is attached hereto, marked Exhibit "A"
12 and incorporated herein by reference as fully as though set forth
13 at length.
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SECTION 2.
This agreement,
and any amendment or
modifications thereto, shall not take effect or become operative
until fully signed and executed by both parties. The City shall
not be obligated hereunder unless and until the agreement is
fully executed and no oral agreement relating thereto shall be
implied or authorized.
SECTION 3.
This resolution is rescinded if the parties
21 to the agreement fail to execute it within sixty (60) days of the
22 passage of this resolution.
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3/14/94
'94
83
RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH C M ENGINEERING
ASSOCIATES, INC. FOR PHASE I I I OF NORTHWEST' INTERCEPTOR
SEWER.
1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Cornmon Council of the City of San
3 Bernardino at a regular meeting thereof, held on the
4 4th day of Apr il
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
, 1994, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
v
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x
x
J . "" .:
JS, ,'-C. Ic.c C l '- ie,' k,
RachBl Clark, City Clerk
resolution is hereby approved this ~~
, 1994.
I
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-------- .
- / /';"< ,/1 / /
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Torn Minor, Mayor
Ci ty of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
: ::t;;;i::<&
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94-83
C,:\,- \ C;, \ ,,\"-\.....
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AGREEMENT FOR PROFESSIONAL SERVICES
T is,..~GREEMENT is made and entered into this /jO day of
I , 1994, by and between the CITY OF SAN
BERNARD 0, california, a municipal corporation, hereinafter referred
to as the "CITY" and CM ENGINEERING ASSOCIATES, a California corpora-
tion, hereinafter referred to as "ENGINEER."
W I T N E SSE T H
WHEREAS, city desires to obtain professional services to prepare
plans, specifications, estimates and construction documents for
Interceptor Sewer Phase III Improvements - From Medical Center Drive at
6th Street to 16th Street Medical Center with the survey and
geotechnical investigation provided by others;
WHEREAS, in order to develop plans, specifications, estimates and
construction documents, it is necessary to retain the professional
services of a qualified engineering and consulting firm; and
WHEREAS, Engineer is qualified to provide said professional
services; and
WHEREAS, San Bernardino city Council has elected to engage the
services of Engineer upon the terms and conditions as hereinafter set
forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of
Services" and as contained in the proposal dated Januarv 18. 1994, a
copy of which is attached hereto as Exhibit "1" and incorporated as
though set forth in full.
2. TERM OF AGREEMENT
The services of Engineer are to commence within thirty (30) days
after the City has authorized work to start by issuance of a Notice to
Proceed. The scheduled completion dates specifically set forth in
Exhibit "2" attached hereto and incorporated herein as though set forth
in full, will be adjusted by Engineer as the city authorizes the work.
Such adjustments shall require City approval prior to commencement of
performance of each phase. This Agreement shall expire as specified by
the Exhibit "2" schedule unless extended by written agreement of the
parties.
3. STANDARD OF PERFORMANCE
Engineer shall complete all work product and design in conform-
ance with Standard Specifications for Public Works Construction (Green-
book) and the city of San Bernardino's Standard Drawings and the
requirements and standards of the county Flood Control district and
AT&SF Railroad as they may apply to this project.
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94-83
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Ser-
vices," is made an obligation of Engineer under this Agreement, subject
to any changes made subsequently upon mutual agreement of the parties.
All such changes shall be incorporated by written amendments to this
Agreement and include any increase or decrease in the amount of
compensation due Engineer for the change in scope. Any change which
has not been so incorporated shall not be binding on either party.
B. No extra services shall be rendered by Engineer under this
Agreement unless such extra services are authorized, in writing, by
City prior to performance of such work. Authorized extra services
shall be invoiced based on Engineer's "Schedule of Hourly Rates" dated
Januarv 1. 1993, a copy of which is attached, hereto, as Exhibit "4"
and incorporated herein as though set forth in full.
5. COMPENSATION
A. The city shall reimburse the Engineer for actual costs
(including labor costs, employee benefits, overhead, profit, other
direct and indirect costs) incurred by the Engineer in performance of
the work, in an amount not to exceed $29.400. Actual costs shall not
exceed the estimated wage rates and other costs as set forth in Exhibit
"3", attached hereto and incorporated herein as though set forth in
full.
B. Said compensation shall not be altered unless there is
significant alteration in the scope, complexity or character of the
work to be performed. Any such significant alteration shall be agreed
upon in writing by City and Engineer before commencement of performance
of such significant alteration by Engineer.
Any adjustment of the total cost of services will only be
permitted when the Engineer establishes and city has agreed, in
writing, that there has been, or is to be, a significant change in:
1. Scope, complexity, or character of the services to be
performed;
2. Conditions under which the work is required to be performed;
and
3. Duration of work if the change from the time period speci-
fied in the Agreement for Completion of the work warrants
such adjustment.
C. The Engineer is required to comply with all Federal, State
and Local laws and ordinances applicable to the work. The Engineer is
required to comply with prevailing wage rates in accordance with
California Labor Code Section 1770.
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94-83
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this
Agreement shall be submitted monthly by Engineer to City and shall be
paid by City within twenty (20) days after receipt of same, excepting
any amounts disputed by City. Dispute over any invoiced amount shall
be noticed to the Engineer within ten (10) days of billing and a meet
and confer meeting for purposes of resolution of such dispute shall be
initiated by the City within ten (10) days of notice of such dispute.
Interest of 1-1/2 percent per month (but not exceeding the maximum rate
allowable by law) will be payable on any amounts not in dispute and not
paid within thirty (30) days of the billing date, payment thereafter to
be applied first to accrued interest and then to the principal unpaid
amount. On disputed amounts, interest shall accrue from thirty (30)
days of the invoice date if the amount in dispute is resolved in favor
of the Engineer. All tasks as specified in Exhibit "1" shall be
completed prior to final payment.
B. Section 9-1.10 of the Cal-Trans Standard Specifications is
hereby specifically waived and not applicable to this agreement. The
parties hereto otherwise agree not to be bound by any other require-
ments for arbitration of any dispute arising hereunder. Disputes shall
be resolved by agreement of the parties, or upon the failure of such
agreement, by direct application to the Courts.
C. Should litigation be necessary to enforce any term or
provision of this Agreement, or to collect any portion of the amount
payable under this Agreement, then all litigation and collection
expenses, witness fees, and court costs, and attorney's fees shall be
paid to the prevailing party.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Public Works of City, or his designee, shall
have the right of general supervision over all work performed by
Engineer and shall be city's agent with respect to obtaining Engineer's
compliance hereunder. No payment for any services rendered under this
Agreement shall be made without prior approval of the Director of
Public Works or his designee.
B. The Office of the Administrator may review and inspect the
Engineer's activities during the progress of the program.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Engineer hereby certifies that it will not discriminate against
any employee or applicant for employment because of race, color,
religion, sex, marital status or national origin. Engineer shall
promote affirmative action in its hiring practices and employee
policies for minorities and other designated classes in accordance with
Federal, State and Local laws. Such action shall include, but not be
limited to, the following: recruitment and recruitment advertising,
employment, upgrading, and promotion. In addition, Engineer shall not
exclude from participation under this Agreement any employee or
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94-83
applicant for employment on the basis of age, handicap, or religion in
compliance with state and Federal laws.
9. TERMINATION OF AGREEMENT
A. This agreement may be terminated by either party upon thirty
(30) days' written notice in the event of substantial failure of the
other party to perform in accordance with the terms of this Agreement.
Each party shall have twenty (20) days following date of such notice
within which to correct the substantial failure, giving rise to such
notice. In the event of termination of this Agreement, city shall
within thirty (30) days pay Engineer for all the fees, charges and
services performed to City's satisfaction by Engineer, which finding of
satisfaction shall not be unreasonably withheld. Engineer hereby
covenants and agrees that upon termination of this Agreement for any
reason, Engineer will preserve and make immediately available to City,
or its designated representatives, maps, notes, correspondence, or
records related to work paid for by the City and required for its
timely completion, and to fully cooperate with City so that the work to
be accomplished under this Agreement may continue within forty-five
(45) days of termination. Any subsequent use of such incomplete
documents shall be at the sole risk of the city, and the City agrees to
hold harmless and indemnify Engineer from any claims, losses, costs,
including attorney's fees and liability arising out of such use.
Engineer shall be compensated for such services in accordance with
Exhibit "4".
B. This agreement may be terminated for the convenience of the
city upon thirty (30) days written notice to Engineer. Upon such
notice, Engineer shall provide work product to City, and City shall
compensate Engineer in the manner set forth above.
C. Following the effective date of termination of
Agreement pursuant to this section, the Agreement shall continue
all obligations arising from such termination are satisfied.
this
until
10. CONTINGENCIES
In the event that, due to causes beyond the control of and
without the fault or negligence of Engineer, Engineer fails to meet any
of its obligations under this Agreement, and such failure shall not
constitute a default in performance, the city may grant to Engineer
such extensions of time and make other arrangements or additions,
excepting any increase in payment, as may be reasonable under the
circumstances. Increases in payment shall be made only under the
"changes" provision of this Agreement. Engineer shall notify City
within three (3) days in writing when it becomes aware of any event or
circumstance for which it claims or may claim an extension.
11. INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor in the perfor-
mance of the services provided for under this Agreement. Engineer
shall furnish such services in its own manner and in no respect shall
it be considered an agent or employee of city.
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94-83
12. ASSIGNMENT OR SUBCONTRACTING
Neither this Agreement, nor any portion thereof, may be assigned
by Engineer without the written consent of city. Any attempt by
Engineer to assign or subcontract any performance of this Agreement
without the written consent of the city shall be null and void and
shall constitute a breach of this Agreement. All subcontracts
exceeding $10,000, shall contain all provisions of this contract.
13. NOTICES
All official notices relative to this Agreement shall be in
writing and addressed to the following representatives of Engineer and
City:
ENGINEER
CITY
CM Engineering Associates
225 E. Airport Drive
San Bernardino, CA 92408
Attn: Mr. Paul J. Hacunda
Mr. Roger Hardgrave
Director of Public Works/
city Engineer
300 North "0" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Engineer may reasonably rely upon the accuracy of data
provided through the city or its agents without independent evaluation.
B. The city shall pay all costs of inspection and permit fees.
Charges not specifically covered by the terms of this Agreement shall
be paid as agreed by the parties hereto at the time such costs arise;
but in no event shall the work to be performed hereunder cease as a
consequence of any unforeseen charges unless by mutual written
agreement of city and Engineer.
C. All tracings, survey notes, and other original documents are
instruments of service and shall remain the property of Engineer except
where by law, precedent, or agreement these documents become public
property. All such documents or records shall be made accessible to
City. Engineer shall maintain all records for inspection by the City,
State, or their duly authorized representatives for a period of three
(3) years after final payment. Engineer shall stamp and sign all
specifications, estimates, plans and engineering data furnished, and,
where appropriate, indicate registration number.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the construction cost prepared by Engineer
represents his judgment as a design professional and is supplied for
the general guidance of the City. Since Engineer has no control over
the cost of labor and material, or over competitive bidding or market
conditions, Engineer does not guarantee the accuracy of such opinions
as compared to contractor bids or actual cost to the city.
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94-83
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Engineer for the
purpose of securing business. For breach or violation of this
warranty, City shall have the right to terminate this Agreement in
accordance with the clause permitting termination for cause and, at its
sole discretion, to deduct from the Agreement price or consideration,
or otherwise recover, the full amount of such commission, percentage,
brokerage or contingent fee.
17. HOLD HARMLESS CLAUSE
A. Engineer hereby agrees to hold city, its elective, and
appointive boards, officers, and employees, harmless from any liability
for damage or claims for damage for personal injury including death, as
well as from claims for property damage, which may arise from Eng-
ineer's negligent acts, errors or omissions under this Agreement.
B. Engineer shall indemnify, defend and hold free and harmless
the city, its officers, and its employees from all claims, damages,
costs, expenses, and liability, including, but not limited to, attor-
ney's fees imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use
by City, its officers, employees, agents, and other duly authorized
representatives, of programs or processes supplied to City by Engineer
under this Agreement.
18. INDEMNITY
Engineer shall indemnify, defend and hold harmless city from and
against any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses
(including attorney's fees), and liabilities, of, by, or with respect
to third parties, which arise solely from Engineer's negligent
performance of services under this Agreement. Engineer shall not be
responsible for, and City shall indemnify, defend, and hold harmless
Engineer from and against, any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties, costs,
expenses (including attorney's fees) and liabilities of, by, or with
respect to third parties, which arise solely from the City's
negligence. with respect to any and all claims, demands, suits,
actions, proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorney's fees) and liabilities of, by or
with respect to third parties, which arise from the joint or concurrent
negligence of Engineer and City, each party shall assume responsibility
in proportion to the degree of its respective fault.
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94-83
19. LIABILITY/INSURANCE
A. Engineer's liability insurance for injury or damage to
persons or property arising out of work for which legal liability may
be found to rest upon Engineer other than for professional errors and
omissions, shall be a minimum of $1,000,000. For any damage on account
of any error, omission, or other professional negligence, Engineer's
insurance shall be limited in a sum not to exceed $50,000 or Engineer'S
fee, whichever is greater.
B. The city will require the Engineer to provide Workers
Compensation and comprehensive general liability insurance, including
completed operations and contractual liability, with coverage suffi-
cient to insure the Engineer's indemnity, as above required; and, such
insurance will include the city, the Engineer, their consultants, and
each of their officers, agents and employees as additional insureds.
C. Engineer shall provide evidence of insurance in the form of
a policy of insurance, in which the City is named as an additional
named insured to the extent of the coverage required by this Agreement.
20. VALIDITY
Should any provision herein be found or deemed to be invalid,
this Agreement shall be construed as not containing such provision, and
all other provisions which are otherwise lawful shall remain in full
force and affect, and to this end the provisions of this Agreement are
declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement
between the parties hereto and supersedes all prior and contemporaneous
negotiations, representations, understandings, and agreements, whether
written or oral, with respect to the subject matter thereof. This
Agreement may be amended only by written instrument signed by both
parties.
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94-83
AGREEMENT FOR: Professional Design Services for Northwest Interceptor
Sewer - Phase III
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the date written above by their duly authorized
officers on their behalf.
CITY OF SAN BERNARDINO
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BY: 1//;7(. U,,'.I"L
Tom Minor, Mayor
Jlo,
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ATTEST:
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Rach~l Clark, City Clerk
CM ENGINEERING ASSOCIATES
By, .~4I~
Pres1dent '
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
~~.cb
~
By:
8
TASK 1
TASK 2
94-83
EXHIBIT 1
SCOPE OF SERVICES
NORTHWEST INTERCEPTOR, PHASE III
CIlY OF SAN BERNARDINO
RESEARCH AND INVESTIGATION
Conduct research and investigation of existing and probable constraints and
opportunities affecting the Project including the following:
a. Identification of applicable governmental criteria relative to
development of the site including applicable ordinances, fees and
development standards.
b. Research of existing City records and identification of existing and
proposed utilities on and adjacent to the project site;
c. Review of circulation patterns affecting the project site, such as bus
routes and stops.
d. Review of available hydraulic study, soils and geotechnical information
pertaining to or impacting development of the project site.
INTERCEPTOR SEWER PLAN
Design and prepare Sanitary Sewer Plans for the proposed interceptor sewer
within the project. This will be accomplished in two phases. The initial phase
will be the preliminary determination of the vertical and horizontal alignment.
During this phase conflicts with existing utilities and critical clearance
problems will be identified and a potholing schedule developed outlining
where excavations should be conducted and field measurements obtained.
Once the potholing has been concluded the Consultant will adjust the
alignment or propose other solutions, such as relocation of the existing utility
and prepare a set of final drawings with construction details included for City
review. Plans will be prepared in accordance with the requirements and
criteria of the City. Plans will be prepared in ACAD. The design will be
accomplished totally in ACAD, therefore preliminary alignments will be
geometrically correct and modifications easy to make. Once the design has
been completed the plans are very close to completion (very little drafting is
required). We propose that this project consists of a team of two individuals,
both of whom are licensed engineers. The project designer is actually a
licensed engineer trained in the production of drawings utilizing ACAD.
C\tM
MAR
1 ';::'4 TUE
15:33 ~M ENGINEERING
P..02
TASK 3
TASK 4
TASK 5
TASK 6
TASK 7
94-83
PROJECT MEETINGS AND CQNSU,-<TATION
Attend mcetings with Clknt and other agencies as required to review and
coordinate project progress. A maximum uf 10 hours are included within this
Scope of Services. Additional meetings and/or consulting services, ifrequired,
shall be invoiced on an hO\lfly basis.
fRomCf MANAGEMENT }.ND C;:;OORPINATION
Provide general project management and administration for all phases of
project development. Monitor, coordinate, and communicate project progress
between Client, Consultant and Agencies. A maximum of 40 hours are
included within this Scope of Services,
SPECIFICATION PREPARATION
Prepare written specifications, general conditions and special provISIOns
applicable to improvemcnts to be constructed for the project. Specifications
shaIl be prepared in accordance with thc approved improvement plans, soils
report and guidelines provided by the Client. It is assumed that the City will
provide the general conditions to Consultant and Consultant will be preparing
only technical specifications, which can be reference specifications.
PRELIMINARY AND rIN^L_~OSr ESTltviATJ;
Prepare a preliminary estimate of probable constrllction costs bascd on the
preliminary alignment of the initial plwse of thc assignment. Prepare a final
estimate of probable costs based on the improvement plans prepared for the
project. Consultant makes no representation concerning the estimate
provided with this task other than said costs arc furnished as a guide only and
are therefore subject to change.
TRAFFIC CONTROL PI.A1"S
Prepare a set of tnllTic control plans for eFlch street crossing to show
acceptable phases of construction through the intersection, required sign~ge
and barrier locations, locations of delineators, cones, etc. all in accordance
with Caltrans Standarcls. The plans will consist of a typical intersection layout
and specific layouts and clewils as t..Iictatcd at specific locations.
REIMBURSABLES
The reimbursable budget includes those direct ,lf1d indirect costs necessary for
Consultant to prcpare tlw design documents including computer plotting,
C:M
f
MAR
1 94 TUE 1~-7il!' -
~._3 eM ENGINEERLN~
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94-83
prints, photocopies, etc. Tlu: budgt'l also includes providing prints to the City
for three reviews by the City. Reimbursables do not include costs of prints for
bid purposes.
C~M
94-83
EXHIBIT 2
SCHEDULE OF COMPLETION DATES
NORTHWEST INTERCEPTOR, PHASE III
CITY OF SAN BERNARDINO
Number of
Working Days Date
Authorization to Proceed
Research 2
Preliminary Alignment 5
Determination of ConflictslPothole
Requirements
Potholing 3
Alignment Adjustments 5
30% Submittal 20 days
Review 10
Prepare Construction Documents 20
90% Submittal 50 days
Review 10
Final Submittal 5 65 days
Total 60
C~M
t"1 A R - 1 - 9 -4 T U E
15:34 eM EN~~N~~~~N~
94-83
t- _ 1:::1-=+
EXHIBlT 3
COMPENSATION
NORTIIWEST INTERCEPTOR, PHASE III
CITY OF SAN BERNARDINO
1P29)400 ~r-~
A fixed fee of $3J,8SQ, For authorization and budget purposes the following breakdown is
provided.
RESEARCH AND INYESTIGATION
$1,200
!ili.G1N,EERING
Task
Task
Task
Task
Task
Task
Interceptor Sewer Pllln~
Project Meetings
Project Management
Specification Preparation
Cost Estimates
Traffic Control Plans
18,000
1,000
5,000
1,100
600
1.500
$27,200
SUBTOTAL
$28,400
RElMBURSABLES (BUDGET)
GRAND TOTAL
$1,000
$29,400/;.9JCc
Progress billings will bc forwarded to Client 011 a monthly basis. Invoices will include the
fees earned for the billing period plus all direct costs advanced by Consultant. Client shall
make every reasonable effort to rcview invoiccs within twenty (20) working days from the
date of receipt of the invoice.s and notify Con~lIltllnl in writing of any particular item that
is alleged to be incorrect.
Exclusions:
I. Utility Potholing & Survey
2. Environmental Documentation (NPDES, etc)
3. Permits, fees
4. Title Research
5. Caltrans Encroachment Permits and Exhibits
:tw
(22\contract\34009.210)
C~M
94-83
EXHIBIT 4
HOURLY RATE SCHEDULE
94-83
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lit t:N(.INt:t:RIN(.
CIVIL & ENVIRONMENTAL ENGINEERING
i'-S SO{~ I i'- T t:S. I N {~.
LAND PLANNING AND SURVEYING
PREVAILING HOURLY BILLING RATES'
January 1, 1993
ENGINEERING
Principal Consultant
Project Manager
Project EngineerJProject Designer
EngineerlDesigner
Drafter
Inspector
Technician
$125,00
95,00
95,00
75,00
60,00
45,00
33,00
PLANNING
Principal Consultant
Principal Planner
Senior Planner
Planner
Associate Planner
Assistant Planner
125,00
90,00
80,00
70,00
65,00
55,00
SURVEYING
Principal Surveyor
Chief of Surveys
Field Survey Supervisor
3.Man Crew
2.Man Crew
Travel Time - 3-Man Crew (In excess of 8 hours)
Travel Time. 2-Man Crew (In excess of 8 hours)
95,1111
911,1111
75,110
170,00
140,00
95,00
XO,OO
ADMINISTRATIVE SERVICES
Word Processing Operator
Administrative Assistant
40,00
60,00
MISCELLANEOUS SERVICES AND EXPENSES
Court Appearance
Mileage
Subsistence
Outside Services
Materials & Other Expenses
250,00 (4 hr min)
O,35/mile
Cost
Cost Plus 10%
Cost Plus 20%
*
All rates are subject to change at such time as adjustments are made as a result of
agreements, salary adjustments, and increased husincss expenses.
225 E, Airport Dr.' P.O. Box 6087, San Bernardino, California 92412' Phone (909) 884-8804' FAX (909) 889-6143