HomeMy WebLinkAbout1994-086
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RESOLUTION NO.
94-86
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH BONADlMAN ENGINEERS, INC. RELATING
TO THE PROVISION OF PROFESSIONAL DESIGN SERVICES FOR THE
NORTHWEST INTERCEPTOR SEWER.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION l.
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 Bonadiman Engineers, Inc. relating to the
9 preparation of construction plans, specifications and estimates
10 for Phase II, for the Northwest Interceptor Sewer, a copy of
11 which agreement is attached hereto, marked Exhibit "A" and
12 incorporated herein by reference as fully as though set forth at
13 length.
14
SECTION 2.
This agreement,
and any amendment or
15 modifications thereto shall not take effect or become operative
16 until fully signed and executed by both parties. The City shall
17 not be obligated hereunder unless and until the agreement is
18 fully executed and no oral agreement relating thereto shall be
19 implied or authorized.
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SECTION 3.
This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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2-24-94
~
RES9:
AUTHORIZING
ENGINEERS,
INTERCEPTOR
EXECUTION
INC. FOR
SEWER.
OF AGREEMENT
DESIGN S)':RVICES
WITH
F.OR
BONADIMAN
NORTHWEST
94
86
1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by
3 Bernardino
4 _ 4th day of
the Mayor and Common Council of the City of San
at
a
regular
meeting
thereof,
held on
the
April
, 1994, by the following vote, to..wit:
5 Council Members: AYES
6 NEGRETE x
7 CURLIN x
8 HERNANDEZ x
9 OBERHELMAN x
10 DEVLIN x
11 POPE-LUDLAM x
12 MILLER x
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NAYS
ABSTAIN
ABSENT
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15
16
17
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19
20
i) ')..
R~1kL~/~L{aSk :~~t'; I~lerk
The foregoing resolution is hereby approved this (o~
day of
\:'\,,,< v... \ \
, 1994.
-----:--
/ 6";3;7.",1
/ Tom
Ci ty of
Approved as to form
and legal content:
21 James F. Penman
City Attorney
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23By~7-
24 ()
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94-86 '
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AGREEMENT FOR PROFESSXONAL SERVXCES
~hiS tGREEMENT is made and entered into this l.r day of
-drl _ , 1994, by and between the CITY OF SAN
BERNAR INO, California, a municipal corporation, hereinafter referred
to as the "CITY" and BONADIMAN ENGINEERS, INC., a California corpora-
tion, hereinafter referred to as "ENGINEER."
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 II Improvements - From 5th at IIJII Street to 6th
at Medical Center Drive 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 Februarv. 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), the city of San Bernardino's Standard Drawings and the
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94 86
requirements and standards of the County Flood Control district and
AT&SF Railroad as they may apply to this project.
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
Auqust 1. 1992, 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 $25.600.00. 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
permitted when the Engineer
writing, that there has been,
total cost
establishes
or is to be,
of services will only be
and city has agreed, in
a significant change in:
1. Scope, complexi ty, 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 86
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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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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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
Bonadiman Engineers, Inc.
680 S. Waterman, P.O. Box 5932
San Bernardino, CA 92412
Attn: Mr. Burrell R. Handy, III
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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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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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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AGREEMENT FOR: PROFESSIONAL DESIGN SERVICES, PHASE II OF NORTHWEST
INTERCEPTOR SEWER
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
.-/" ),/1 \
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BY f ,/ rY'v'\. I {/,...r-'--
Tom"" Min6r; Mayor
ATTEST:
'\
, . "
Bv: J~ "- r:./u.C C L,c~ L/:.'..
Rach~l Clark, City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
o 'l
By: \0M~ f:-
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.94
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EXHIBIT 1
PHASE II SAN BERNARDINO
NOR~STINTERCEPTOR
TASKS
PR/1
PR/2
PR/3
5/1
SCOPE OF SERVICES
ENGINEER TO:
Obtain all record and quasi-record survey data such as
City Bench Marks and centerline monument ties, Records of
Survey, Tract Maps, Parcel Maps, Caltran's Right-of-Way
Maps, Flood Control Maps and Railroad R/W maps.
Obtain street improvement and utility as-builts plans for
horizontal and vertical locations and sizes of gas,
electric, sewers, storm drains, power, cable T. V. , water,
petroleum mains, and cross-country communication lines.
Obtain Assessor's Maps for approximate
locations and ownerships.
property lines
ENGINEER TO
Establish horizontal control using City centerline
ties and record data. Also to be used to confirm
positions for replacement of monuments damaged or
during construction.
monument
monument
destroyed
5/2 Review, evaluate and incorporate field survey computer data
as provided by City.
5/3 Pick up from City aerial photos on plan and profile sheet.
ENGINEER TO
E/1 Analyze and size sewer interceptor line to include the:
E/1A
E/1B
a) Acquisition of zoning/general plan data;
b) Acquisition of city base maps to identify area which is
currently served & area proposed to be served;
c) Determination of City's sewer peak factor.
Perform Utility search of as-built improvements.
Identify utility service connection conflicts
residential, commercial and industrial users.
to
Page 1 of 3
94 86
E/2 Utilizing existing city base maps to:
a) Determine optimum sewer interceptor alignment;
b) Define major facilities which impact design;
c) Identify existing underground utilities;
d) Define primary connection point with existing sewer line;
e) Establish criteria for connections.
E/3 Establish preliminary alignment and grade.
E/4 Coordinate with city reclamation staff to identify possible
impacts to plant; such as, a change in peak flow times
reaching the plant, and possible impacts to any associated
sewage lift stations.
E/5 Meet and coordinate with city traffic staff to identify
traffic conflicts.
E/6 Provide preliminary design documents at the 30% completion
level and meet with city staff.
E/6A
E/7
Incorporate city staff review comments/changes.
Review the provided utility research and pothole data.
E/8 Coordinate and de-conflict project elements with utility
companies.
E/9 Review, evaluate and incorporate soils and geotechnical
engineering data.
E/10
Prepare advanced plan and profile design documents to
include the:
E/10A Utilization of aerial photographic plan view to
right-of-ways, property lines, utilities,
improvements, proposed sewer and appurtenances.
include
street
E/10B
Development of
north arrow,
horizontal and
alignment and control bearings and distances,
graphic scale and bench mark to include
vertical control of all new improvements.
E/10C Preparation of profiles to include the proposed sewer mains
with slopes and inverts, manhole locations and all existing
utility crossings.
Page 2 of 3
94 86
E/ll
Provide advanced design documents at the 80% completion
level and meet with city staff.
E/11A Incorporate city staff review comments/changes.
E/12 Prepare final contract/construction documents to include:
E/12A Completed special provisions and specifications;
E/12B Completed engineers construction cost estimate.
E/13
Provide final design documents at 100% complete level and
meet with city staff.
E/13A Incorporate city staff review comments/changes.
E/14 Submit final design documentation to include:
E/14A Plan and profile sheets prepared on 24"x36" mylar stamped
and signed registered civil engineer, specifications and
final cost estimates;
E/14B Floppy disks completely usable with Intergraph, Autocadd or
other systems of your choice which can recognize ".dxf"
formatted files (if desired by the city staff) .
CITY TO
provide the following:
1) All aerial and field topography data;
2) 24" x 36" mylar sheets with profile grid, photo strips
and title blocks;
3) All geotechnical and soils data;
4) Utility identification support through potho1ing;
5) Horizontal and vertical control with bench mark
identified centerline bearings and distances;
6) Access to all city project related data.
Page 3 of 3
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94 86'
EXHIBIT 4
BONADIMAN ENGINEERS, INe.
SCHEDULE OF FEES
EFFECIIVE AUGUST 1, 1992
I. OWNER/PRINCIPAL
PRINCIPALS. . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . .
CONSULTING. . . . . . . . . . . , , , , . . . . . . . . . . , . , , . . .
CONSULTING (LEGAL)
Court Appearance. . . . . . . , . . . . . . . . , , . . . . . .
Court Preparation and depositions".....
PROJECT MANAGER.........., ,...............
PROFESSIONAL LAND SURVEyOR................
II. SENIOR ENGINEER/SURVEyOR...." ,..........,..,
III, ASSOCIATE ENGINEER/SURVEyOR..,...............
IV. ASSISTANT ENGINEER/SURVEyOR......" ,.........
V. JUNIOR ENGINEER/SURVEyOR......""...........
VII. PRODUCTION MANAGER..", ,....."...., ,........
ENGINEERING/SURVEYING TECHNICIAN II,.........
ENGINEERING/SURVEYING TECHNICIAN I,.,........
DRAFTSPERSON II......"'., , . . . . . . . . . . . , , , , , , .
DRAFTSPERSON I. . . . . . . . . . , , , , . . . . . . . . . . , . . . . , ,
VI II. SECRETARIAL............""..........""".,
IX. BOOKKEEPING...........................""".
X. FIELD ENGINEERING
L 270,6 BE1FEE. T
$100,00 per hr.
85,00 per hr.
150.00 per hr.
130.00 per hr.
70.00 per hr,
70.00 per hr.
65.00 per hr.
60.00 per hr.
55.00 per hr.
50.00 per hr.
55.00 per hr.
52.00 per hr.
50.00 per hr.
45,00 per hr.
35.00 per hr.
25.00 per hr.
28.00 per hr.
RESIDENT INSPECTOR."......"""......... 50.00 per hr.
FIELD SURVEY SUPERVISOR....,.." ,......... 60.00 per hr.
RESIDENT ENGINEER.",......." ,........... 60.00 per hr.
2-MAN SURVEY CREW,.,..........""........ 105.00 per hr.
3-MAN SURVEY CREW",..........",......... 135.00 per hr.
(Mileage, material & equipment included with crew time,)
XI, MISCELLANEOUS SERVICES AND EXPENSES
COMPUTER SERVICES (CAE)..."" ,...........
COMPUTER SERVICES (CADD)....".."........
SUBSISTENCE, MATERIAL & OTHER EXPENSES....
MILEAGE CHARGES......",.........,."",..
PRINTS. . . . . . . . . . . . . . . . , , , . . . . . . . . . . . . . . , , .
OUTSIDE CONSULTANT SERVICE. , . . . . . . . . . . . . . .
PERDIEM, , , , , , , , , , . . . . . . . , , . , , . . . . . . . . . . . . .
30.00 per hr.
70.00 per hr.
Cost + 20%
$0.25 per mile
Current Rate
Cost + 20%
Current Rate
NOTE: The above are based on straight time. Over-time and week-end time are
charged at 1 1/2 times and 2 times respectively. However, these fees
will only apply when the client directs an urgent completion date.
94 86
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