HomeMy WebLinkAbout1994-084
1
RESOLUTION NO.
94-84
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH HOLMES & NARVER RELATING TO THE
3 PROVISION OF PROFESSIONAL DESIGN SERVICES FOR PHASE IV OF THE
NORTHWEST INTERCEPTOR SEWER.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, an agreement with Holmes & Narver, relating to the
9 preparation of construction plans, specifications and estimates
10
11
12
13
for Phase IV of the Northwest Interceptor Sewer, a copy of which
agreement is attached hereto, marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at length.
This agreement,
SECTION 2.
and any amendment or
14 modifications thereto, shall not take effect or become operative
15 until fully signed and executed by both parties. The City shall
16 not be obligated hereunder unless and until the agreement is
17 fully executed and no oral agreement relating thereto shall be
18 implied or authorized.
19
SECTION 3.
This resolution is rescinded if the parties
20 to the agreement fail to execute it within sixty (60) days of the
21 passage of this resolution.
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3-14-94
94
84
RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH HOLMES & NARVER
FOR PHASE IV OF NORTHWEST INTERCEPTOR SEWER.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
4 4th day of Apr il
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
regular
meeting thereof, held on the
, 1994, by the following vote, to-wit:
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
14
15
AYES NAYS
x
x
x
x
"
"
x
ABSTAIN
ABSENT
) ,
I'.A'" I '(I t ,t,
. C'...f *"-_1.....(. ",'L""L'i''"IC,
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this 0th,
~~(]~L.-,,-
, Tom Minor, Mayor
Ci ty of San Bernardino
I ....
94-84
. C'\l...\,C\Y:.~l-
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AGREEMENT FOR PROFESSIONAL SERVICES
California,
"CITY" and
referred to
made and entered into this 14 day of
, 1994, by and between the CITY OF SAN
a municipal corporation, hereinafter referred
HOLMES & NARVER, a California corporation,
as "ENGINEER."
This
April
BERNARDINO,
to as the
hereinafter
AGREEMENT is
WIT N E SSE T H
WHEREAS, City desires to obtain professional services to prepare
plans, specifications, estimates and construction documents for
Interceptor Sewer Phase IV Improvements - From Medical Center Drive at
16th Street to Porter at California Street 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 "I" 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,
Caltrans and AT&SF Railroad as they may apply to this project.
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94 84
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 18. 1994, 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 $41.400. 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, J.n
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 84
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 84
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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9 i1 0 ;1
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
Holmes & Narver
999 Town & Country Road
Orange, CA 92668
Attn: Mr. Carl R. Nelson
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 8tl
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.
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
6
94 84
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.
7
9Ll P,l
AGREEMENT FOR: Professional Desiqn Services for Northwest Interceptor
Sewer - Phase IV
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
/w (
BY: --;-;~'1 /(/f~~~
Tom Minor, Mayor
APR 6 1994
I....
ATTEST:
')
Bv: jj iA..ULLL C-L.tA ~;L
Rach81 Clark, city Clerk
HOLMES & NARVER
By:
VIU
(.;) t(.~
President
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By: A- ~
8
9~ 'R Ii
City of San Bernardino -Northwest Interceptor Sewer, Phase IV
EXHIBIT 1
SCOPE OF SERVICES
INTRODUCTION
The City of San Bernardino's Northwest Interceptor Sewer Project, Phase IV, will be designed to run
in city streets from the intersection of 16th Street and Medical Center Drive to the intersection of
California Street at Porter Street. The project will parallel and/or intercept a number of city sewer
lines and street laterals serving residences and businesses en route. A large number of conflicting
utilities may be encountered, and overhead electric and telephone lines will challenge contractors
ingenuity in heavy equipment operations.
Future construction of Storm Drain Project SD II in Medical Center Drive will require close
coordination of facility alignment. Creative and sensitive traftic control specifications will be
prepared for contractor implementation during construction, Invert elevations at Medical Center and
16th Street will require coordination with City's Phase 111 design consultant. City will provide survey
control, aerial photo strip maps on City's mylar blanks for use by Holmes & Narver for plan and
profile sheets.
ENGINEERING TASK DESCRIPTION
Task 1 - Project Management Plan
I,A Prepare work breakdown structure,
I.B Prepare manpower loading,
I.C Establish reporting milestones,
I.D Produce tinal schedule.
Task 2 - Utility Search. City staff has indicated limited availability of accurate as-built drawings for
existing streets and utilities en route. Accordingly, City's survey consultant will provide a detailed
aerial photographic survey (hard copy and digital format) accurately mapping all surface features,
H&N will identify all utilities to either be protected in place or relocated,
2,A Review existing data from as-built street and utility drawings,
2.B Review survey data provided by City,
2.C Field check utility data; potholing where necessary.
2.D Prepare CAD mapping/detailing for plan sheets.
2.E City will request utility relocations identilied by H&N,
UN
Holmes & Narver
9,1
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City of San Bernardino -Northwest Interceptor Sewer, Phase IV
T~k3-A~nryCooromation
3,A Review existing sewer lines with city and determine interception versus paralleling
existing lines.
3.B Submit prospective sewer alignment to agencies for comment.
3.C Coordinate relocation versus protect-in-place of existing utilities,
3,D Prepare permit requests for state highway crossings (Route 30).
Task 4 - Preliminary Plan and Profile
4,A Integrate/coordinate city street/sewer as-builts (where available) with survey CAD plots
from Task 2,
4,B Prepare preliminary plan/profile for tentative alignment.
4.C Request geotechnical investigation along tentative alignment (by others).
Task 5 - Hydraulic Design
5,A Review/update land use status with City's 1982 sewer master plan.
5.B Calculate peak and average tlow rates in accordance with department criteria.
5.C Verify invert protile and calculate pipe sizes t()r tinal design,
Task 6 - Rights-of- Way Planning/Construction Easements (extra services)
6.A Existing easements (streets, utilities) will be mapped by others,
6.B If construction easements are required outside street ROW, H&N will prepare legal
descriptions (upon authorization by City Engineer for extra services).
Task 7 - Traffic Control Plan
7,A Review existing traffic demand with City and Caltrans,
7,B Develop traftic staging plan in cooperation with City Engineer.
7.C Prepare and integrate traffic control plans and specifications with final design staging
plan,
2
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Holmes & Narver
94
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City of San Bernardino -Northwest Interceptor Sewer, Phase IV
Task 8 - Construction Documents
8,A Develop unit price database for construction cost estimating,
8.B Develop 50 percent PS&E, integrating utility search and relocation requirements.
8.C Preliminary estimate of construction cost.
8,D Prepare 75 percent PS&E on tinal alignment for agency submittal along with utility
potholing recommendations.
8.E Perform constructibility review and draft special provisions.
8.P Prepare PS&E to 95 percent level and submit to City review.
8,G Submit corrected PS&E at 100 percent level along with final estimate of construction
cost.
Task 9 - Construction Support (!f authorized -not included in proposal engineering costs)
9,A Review bids with City staff.
9, B Preconstruct ion conference.
9,C Review shop drawings,
9.D Review vendor/lab reports.
9.E Consultation during construction,
9,P Attend construction progress meetings,
9.G Prepare as-built drawings.
Deliverables
Pinal plans, specifications, and cost estimates will be submitted both on mylar and electronic media.
Preliminary submittals on blackline prints will be made at 50%,75%, and 95% progress meetings.
All oftice work will be performed in H&N's local oftice at 679 Allen Street, San Bernardino,
California, The H&N team is also prepared to assist city staff, (upon authorization of extra services),
in conducting public meetings to address neighborhood concerns about construction impacts,
3
UN
Holmes & Narver
94 OJ
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City of San Bernardino -Northwest Interceptor Sewer, Phase IV
EXHIBIT 3
COST OF SERVICES
The costs listed below are based on producing plan and profile drawings on City-provided aerial
photo strip maps at a scale of 1" =40' horizontal and 1" =4' vertical for approximately 7,300 feet of
interceptor sewer. Costs are based on a detailed work breakdown structure and summarized as
follows:
PHASE IV
Task 1 - Project Management Plan
Task 2 - Utility Search/Potholing
Task 3 - Agency Coordination
Task 4 - Preliminary Plan and Profile
Task 5 - Hydraulic Design
Task 6 - Construction Easements (extra services)
Task 7 - Tramc Control Plan
Task 8 - Construction Documents
Task 9 - Construction Support (extra services)
$ 400
2,000
1,000
4,820
3,500
4,000
25,680
Phase IV Total: $ 41,400
4
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Holmes & Narver
94 01
CITY OF SAN BERNARDINO
NORTHWEST INTERCEPTOR SEWER, PHASE IV
EXHIBIT 4
SCHEDULE OF HOURLY RATES
TITLE
UNIT RATE
Project Director
Project Manager
Principal Engineer
Senior Project Engineer
Project Engineer
Staff Engineer
Field Geotechnical Engineer
Field Geologist/Engineer
Designer/CAD Operataor
Drafter/CAD Operator -
Cost Estimator
Project Scheduler
Field Inspector
Clerical/Word Processor
CAD Equipment Ratew
Outside Services
Mileage
Reproduction
$135.00/hr
120.00
115.00
110.00
90.00
85.00
75.00
75.00
65.00
60.00
80.00
80.00
65.00
40.00
10.00/hr
Cost + 15%
$0.29/mile
See Attached Schedule
F,IUSERSID502IBISHOPINW-INTERIEXHIBIT,4
,
.94 FU
0,
REPROGRAPIDC RATE SCHEDULE
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Engineering
B Engineering Bondlsq.ft. .08
Blueline/sq.ft. .03
Sepia/sq.ft. .24
E1 Engineering Mylar/sq.ft. . 1.40
E2 Engineering Vellum/sq.ft. .65
G Special Preparation/per 1/4 hr. 7.50
Bindery
M Collating/per 100 sheets or fraction .80
N Binding/per document .50
0 Staple/per document .07
PI Fold larger than llx171per sheet .09
P2 Fold llxl7 & smaller/100 sheets or fraction .80
Q2 GBC Punch/per 100 sheets or fraction .60
R Padding, including backing/per 100 sheets .17
S Cutting/per 100 sheets or fraction .12
T Laminating/per document or pair of covers .90
Copiers
X Copy Machine, 20# paper .07
(60# paper is an additional .02 each)
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