HomeMy WebLinkAbout1992-036
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RESOLUTION NO.
92-36
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH JOHN EGAN AND ASSOCIATES, INC.
RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN
SERVICES FOR CAJON BOULEVARD SEWER TRUNK EXTENSION, FROM CABLE
CREEK CHANNEL TO LITTLE LEAGUE DRIVE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TilE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
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City, an agreement with John Egan and Associates, Inc. relating
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to the provision of professional engineering design services for
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a
Cajon
of which
Extension,
Boulevard
Trunk
Sewer
a
copy
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agreement is attached hereto, marked Exhibit "A" and incorporated
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herein by reference as fully as though set forth at length.
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SECTION 2.
The agreement shall not take effect until
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fully signed and executed by both parties.
The City shall not be
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obligated
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until
the
agreement is fully
unless
and
hereunder
executed and no oral agreement relating thereto shall be implied
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or authorized.
SECTION 3.
This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
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passage of this resolution.
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1-13-92
r-.
RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH JOHN EGAN AND
ASSOCIATES, . INC. RELATING TO PROFESSIONAL' ENGiNEERING
SERVICES FOR CAJON BOULEVARD SEWER TRUNK EXTENSION.
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
4 3rd day of Februarv
5 Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14
15
reaular
meeting thereof, held on the
, 1992, by the following vote, to-wit:
ABSENT
NAYS
ABSTAIN
AYES
x
x
x
x
x
x
x
f(~~k
The foregoing resolution is hereby approved this 6th
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,
/
. .
W.
City
/ //'-. .
Ri. 4r~lcomb, Mayor
of S~n Bernardino
City of Sn Edna Res. No. 92-36 adopted 2/3/92
AGREEMENT FOR PROFESSIONAL SERVICES
M
lhis AGREEMENT is made and entered into this /7 day of
Ft! ""''''i!t ' 1992, by and between the CITY OF
SAN BERNARD NO, California, a municipal corporation, hereinafter
referred to as the "CITY" and John Egan and Associates, Inc., a
California corporation, 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 the construction of a trunk sewer in Cajon Blvd. from the present
terminus westerly of Cable Creek to approximately Little League
Drive.
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 October 31, 1991, 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
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by written agreement of the parties.
3. STANDARD OF PERFORMANCE
Engineer shall complete all work product and design in confor-
mance with Standard Specifications for Public Works Construction
(Greenbook) and the City of San Bernardino's Standard Drawings.
.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Servic-
es", 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 compen-sation 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 Julv 1.1991 , 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 $29,414.00. 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, ~n
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
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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 1775.
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 9-10 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
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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 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.
Agreement
until all
Following the effective date of termination of this
pursuant to this section, the Agreement shall continue
obligations arising from such termination are satisfied.
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
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not constitute a default in performance, and 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.
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
writing and addressed to the following
and city:
this Agreement shall be in
representatives of Engineer
ENGINEER
CITY
John Egan and Associates, Inc
366 Orange Show Lane
San Bernardino, CA 92408
Mr. Roger Hardgrave
Director of Public Works
City Engineer
300 North "D" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Engineer
provided through the
evaluation.
may reasonably rely upon the accuracy of data
City or its agents without independent
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
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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.
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 CAUSE
A. Engineer hereby agrees to hold city, its elective and
appointive boards, officers, and employees, harmless from any
liability for damage orclaims for damage for personal injury
including death, as well as from claims for property damage, which
may arise from Engineer'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 attorney'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
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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 to the City for injury or damage to
persons or property arising out of work performed by the city and for
which legal liability may be found to rest upon Engineer other than
for professional errors and omissions, will be limited to $1,000,000.
For any damage on account of any error, omission or other
professional negligence Engineer's liability, will be limited to 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
consul tants, 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
between the parties hereto
contemporaneous negotiations,
the entire and integrated agreement
and supersedes all prior and
representations, understandings and
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AGREEMENT: PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES
FOR CAJON BOULEVARD SEWER TRUNK EXTENSION
agreements, whether written or oral,
matter thereof. This Agreement may
instrument signed by both parties.
wi th respect to the subj ect
be amended only by written
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.
JOHN EGAN AND ASSOCIATES, INC.
ATTEST:
By
if f'
~~s~rk
CITY OF SAN BERNARDINO
7
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Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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EXHIBIT "1"
SCOPE OF ENGINEERING SERVICES
proposed for conduct of the engineering services for prepara-
tion of contract documents concerning the Cajon Blvd. Trunk
Sewer are the following tasks indicative of our proposed
approach.
TASK A - SURVEY AND MAPPING
1. Records research and establish field horizontal
and vertical controls.
2. Conduct aerial photography and prepare rectified
photo strip of sewer route on plan portion of plan
and profile drawing.
3. Prepare two utility notification letters, maintain
file and submit to City.
4. Complete base plan sheet mapping. Effort will
consist of research of right-of-way and utility
information, and plotting on photo plan view.
5. Conduct survey of profile of selected sewer align-
ment and determine elevation of tributary area.
TASK B - SUBSURFACE INVESTIGATION
1. Coordinate potholing, conducted by others, for
location of utilities where information is unknown
and critical for design.
2. Conduct subsurface investigation in Cajon Blvd. by
means of a subconsultant. Effort is anticipated
to consist of approximately five borings to a
depth of 15 feet together with preparation of a
summary report of findings and soil backfill suit-
ability for contractor's use.
TASK C - DESIGN AND PREPARATION OF PLANS, SPECIFICATIONS
AND ENGINEER'S ESTIMATE
1. Determine horizontal location of the sewer utilizing
base route mapping developed for Task A.
2. Determine size of the sewer required based on unit
flows, land use and tributary area.
/~
EXHIBIT "1"
SCOPE OF ENGINEERING SERVICES
PAGE 2
3. Complete horizontal and vertical design of the
sewer pipeline.
4. Complete sewer pipeline plan and profile at a
scale of one (1) inch equals forty (40) feet to-
gether with construction details utilizing the
City's standard drawings and details where appli-
cable.
5. Prepare project specifications. Included will be
bid invitation, bid proposal, contract documents,
general conditions and detail specifications.
6. Preparation of engineer's estimate of cost.
TASK 0'- PROJECT MANAGEMENT
To maintain communication, help assure mutual understanding
and avoid surprises during conduct of design, the following
project management efforts will be conducted as a minimum.
1. Conduct an initial scoping meeting at which general
design concept, standards and design methods will
be discussed together with tributary area, project
schedule and submittals.
2. Submittal will be made and a briefing/review input
meeting conducted at the 30 percent completion
phase. Completed and to be reviewed at this time
will be plan view mapping, proposed sewer align-
ment, sewer sizing and calculations.
3. Plans and preliminary specifications will be sub-
mitted at the 75 percent completion stage for
review and further input by City staff.
4. Submittal of plans, specifications and engineer's
estimates will be made at the 100 percent comple-
tion level. Any necessary revisions found will
then be made for final submittal.
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EXHIBIT "3"
FEE ESTIMATE
We propose to complete the engineering services for the
Cajon Blvd. Trunk Sewer as outlined in Section I for a lump
sum amount of $29,414. Segregation of our cost estimate and
manhours per task is as follows.
TASK
HOURS
AMOUNT
A. SURVEY AND MAPPING
Office Research and
Coordination of Survey
7
$
449
Field Survey
3,165
Aerial Photogrammetry
and Photo Plan Preparation
2,185
Research Right-of-Way
and Utility Informa-
tion and Prepare Base
Maps
50
2,925
Other Direct Expenses
125
B. SUBSURFACE INVESTIGATION
Coordination of Potholing
for Location of Utilities
2
97
Conduct Subsurface In-
vestigation of Sewer
Alignment
2,970
Office Coordination of
Subsurface Investiga-
tion
4
344
C. DESIGN AND PREPARATION OF
PLANS, SPECIFICATIONS AND
ENGINEER'S ESTIMATE
Sewer Design - Size and
Alig nmen t
25
1,512
Preparation of Sewer Plans
and Construction Details
178
10,301
}?/
EXHIBIT "3"
"FEE ESTIMATE.
PAGE 2
TASK HOURS AMOUNT
.~-_._-- -- -------
Preparation of Specifica-
tions 19 $ 1,350
Preparation of Engineer's
Estimate 8 396
Other Direct Expenses 125
D. PROJECT MANAGEMENT
Ini Hal Scoping Meeting 20 1,940
30 Percent Completion
Rev iew Meeting 6 438
75 Percent Plan Review 8 584
100 Percent Plan Review 6 508
TOTAL AMOUNT $29,414
Fee Allocation to Consultants:
AMOUNT
PERCENT
OF TOTAL FEE
Field Survey & Aerial
Photogrammetry
$5,350
18
Subsurface Soils
Investigation
$2,970
10
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'EXHIBIT "4"
JOHN EGAN AND ASSOCIATES,INC.
CONSULTING ENGINEERS
311 o.w.. SHow LAN(. SAN BIJIIN.....OtMO. CM.I"~'" 82.08
_. (71.1 8llD-oll75 I (7'.) 525..5W
SCHEDULE OF FEES
JULY 1, 1991
INSPECTION
$108.00/HOUR
$ 86.00/HOUR
$ 74.00/HOUR
$ 68.00/HOUR
$ 60.00/HOUR
$ 50.00/HOUR
$ 47.50/HOUR
S 36.00/HOUR
$ 32.50/HOUR
S 26.50/HOUR
$ 17.00/HOUR
$ 47.00/HOUR
$ 37.00/HOUR
2.0 X SALARY
$ 74.00/HOUR
$168.00/HOUR
$138.00/HOUR
SENIOR PROJECT MANAGER
PROJECT MANAGER
PROJECT ENGINEER
SENIOR DESIGNER/PLANNER
ASSOCIATE ENGINEER/DESIGNER II
DESIGN ENGINEER
DESIGNER I/DRAFTER II/ENGINEER
ENGINEERING ASSOCIATE
CADD OPERATOR/DRAFTER
DRAFTER I/ENGINEERING AIDE
DRAFTING AIDE
ADMINISTRATIVE AIDE
SECRETARY
LICENSED SURVEY SUPERVISOR
SURVEY CREW, 3-HAN
SURVEY CREW, 2-HAN
MISCELLANEOUS SERVICES
MILEAGE
COMPUTER SERVICES
SO.30/MILE
$25.00/HOUR
(1/2 HR.MINl
DIRECT EXPENSES
IN-HOUSE REPRODUCTION
SUBCONTRACT SERVICES & FEES
AT COST
COST t 10'"
NOTE: RATES SUBJECT TO REVISION JULY 1ST OF
EACH YEAR
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