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HomeMy WebLinkAboutCC Resolution 9113 (Merrydale Overcrossing)FOLLOWS: RESOLUTION NO. 9113 A RESOLUTION AUTHORIZING THE SIGNING OF AGREEMENTS WITH HARRIS & ASSOCIATES AND WITH WILSEY & HAM FOR THE CONSTRUCTION OF THE MERRYDALE OVERCROSSING AND THE FREITAS INTERCHANGE NORTHBOUND ON-RAMP THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS The Mayor and the City Clerk are hereby authorized to execute, on behalf of the City of San Rafael, standard consultant agreements with the construction management firm of "Harris & Associates" and with the engineering firm of "Wilsey & Ham" for the construction of the Merrydale Overcrossing and the Freitas Interchange Northbound Onramp. Copies of said Agreements are hereby attached and by this reference made a part of this resolution. I, JEANNE. M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 7th day of March, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Zappetini & Mayor Boro NOES: COUNCELMEMBERS: Thayer ABSENT: COUNCII.MEM 3ERS: None JE kWE M. LE' ANC , City Clerk ORIGINAL �9„3 City of San Rafael 0 Department of Public Works AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES WITH HARRIS AND ASSOCIATES FOR THE MERRYDALE OVERCROSSING AND THE FREITAS INTERCHANGE NORTHBOUND ON RAMP This Agreement is made and entered into this 7th day of March 1994 by and between the City of San Rafael (hereinafter called City) and Harris and Associates (hereinafter called Consultant). A. SCOPE OF WORK In accordance with this Agreement, the Consultant agrees to provide professional engineer- ing services as a Construction Management Consultant to administer the construction of the "Merrydale Overcrossing and the Freitas Interchange Northbound Onramp", as out- lined in the Proposal from Consultant dated December 22, 1993, which includes a revised "Work Hour/Cost Proposal" dated, February 15, 1994. Said proposal is marked Exhibit -A7, attached hereto, and incorporated herein by this reference. The Consultant agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit A". B. INDEPENDENT CONTRACTOR It is understood and agreed that the Consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Consultant, or any individual whose compensation for services is paid by the Consultant, an agent or em- ployee of the City, or authorizing the Consultant to create or assume an obligation for or on behalf of the City. C. PAYMENT For the payments specified herein, which the City agrees to make, the Consultant will undertake the above noted work. Payment for Professional Engineering services will be made as follows: 1. The Consultant shall receive payment on a time and material, basis for services rendered in accordance with the rates shown on his current fee schedule, set out in Exhibit -A7. 2 The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit A", without prior authorization by the City. a Consultant's professional service fees shall be invoiced on a monthly basis. 4 Payments made by the City shall be made within 15 days of receipt of invoice. D. TERMS The terms of this Agreement shall be from the date of execution until project completion or January 1, 1996, which ever comes first..Either party may terminate this Agreement by giving other party thirty (30) days written notice. In the event of termination, City shall pay Consultant all sums then due and unpaid as of the date of receipt of notice. Payment by City of such compensation shall be considered full and final settlement for all work performed by the Consultant under this Agreement. All completed reports and other documents and materials described in Exhibit A" shall become the property of the City. E. ARBITRATION All claims or disputes between the City and the Consultant relating to this Agreement shall be decided by arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statutes. The decision of the arbitrator shall be final and binding on the parties. In interpreting the provisions of this Agreement, the arbitrator may make an award of costs and fees, including attorney's fees necessitated by arbitration. F. ALTERATIONS This Agreement may be modified, as necessary, for the successful and timely completion of the services to be provided. Any alteration shall be expressed in writing, as an amendment to this Agreement, and shall be executed by both parties. Amendments to Exhibit "A7, may be made by mutual agreement, in writing, signed by Consultant and the Director of Public Works, or the Director's appointed representative. G. ASSIGNMENT No assignment of this Agreement, either in whole or in part, shall be made by Consultant without the prior written consent of City. ENGINEERING AGREEMEN Page 2 H. NOTICES Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is sent by certified mail, postage prepaid, addressed to the respective parties as follows: City of San Rafael Harris and Associates Dept. of Public Works 220 Mason Circle P. O. Box 151560 Concord, CA 94520 San Rafael, Ca. 94915-1560 510/827-4900 Fax 510/827-4982 1 . INSURANCE During the term of this Agreement, Consultant shall maintain: comprehensive general liability insurance with a combined single limit of not less than $1,000,000 for bodily or personal injury or property damage as the result of any single occurrence; Consultant shall also maintain professional liability insurance with a limit of liability of not less than $500,000 per claim, and in the aggregate. City shall be added as a named insured on the general and comprehensive general liability insurance. Prior to beginning work under this Agreement, Consultant shall provide the City with evidence that the insurance described above is in place. J. INDEMNITY Consultant shall indemnify, defend and hold the City harmless from and against liability arising from Consultant's negligent acts, errors, or omissions in performance of the work, or for willful or intentional misconduct relating to activities carried out pursuant to or in connection with this Agreement. IN WITNESS WHEREOF, City and Consultant have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Jofvm. LEONCIM City Clerk ;APPROVED TO FORM: 4. -�-��T. 0GHIAIM City Attorney Attachments ( 2 ) 1. Exhibit "A"- Proposal from Consultant. 2. Resolution. CITY 9F7 SAN FAEL: AIBi�'RT . RO Mayor CONSULTANT: GUY CKSON Hafris and Associates ATTACHMENT NO. 1 HARRIS & ASSOCIATES SCOPE OF SERVICES 30 CONSTRUCTION MANAGEMENT 31 Design Phase Services 015 Biddability/Constructability Review - Provide a review of the project plans and specifications for completeness with emphasis in items that have historically proven to be problem areas. The review will identify areas of possible conflicts, such as differing site conditions, coordination between the various design disciplines, incompleteness of details and lack of continuity. 018 Public Awareness Program - Develop and implement a program to notify and explain the project to local residents, businesses and others that may be affected. Assist in the preparation of press releases and official notices. Establish a 1 -800 -Number" as a hotline for current project information and schedule. 020 Bidding Document Preparation - Provide Harris & Associates standard Front -End specifications, Division O -Bidding & contract requirements and Division 1 -General requirements. Edit and Modify for project specific conditions. 32 Pre -Construction Phase Services 001 Utility Coordination Meetings - Organize, schedule, attend and record pre - construction phase utility coordination meetings. 021 Bidding Assistance - Assist in the development of bidder interest, advertisement and distribution of the construction documents. 022 Pre -Bid Conference - Attend and record the pre-bid conference. 023 Bid Review - Prepare detailed bid tabulation, review all bids for conformance to requirements, review and report on bidders' acceptability. 027 Pre -Construction Conference - Organize, schedule and attend and record the pre -construction conference prior to the start of any field activities. 029 Project Procedures Manual - Establish and implement procedures and documentation process required to administer the construction phase activities. 12-22-93 Page 1 of 4 Exhibit "A" 33 Construction Phase Services 001 Meetings - Organize, attend and record construction phase meetings. 008 Partnering (Optional) - Participate in the partnering process established for the project. 010 Reports - Prepare reports that may be required during the construction phase. Prepare monthly reports to Client. 031 Submittal Processing - Establish, implement and coordinate system of submittal processing. 032 Clarification processing - Review and respond to contractor clarified requests. Track all requests with architect. 033 Change Order Preparation, Negotiation and Processing - Establish, implement and coordinate systems for processing contract change orders. Prepare independent statement of probable construction cost for contract change orders. Negotiate contract change orders with the Contractor. Prepare contract change order document for execution by Contractor and Client. 034 Schedule Review and Updating - Review Contractor's initial schedule submittal. Review schedule monthly and provide written comments to the Contractor. 035 Maintain "As -Built" Schedule - Maintain a daily track of Contractor's efforts during construction corresponding to the activities in the agreed upon schedule. 036 Progress Payment Preparation and Processing - Prepare monthly progress payment reports for submission to Client based on Contractor's construction progress. 037 Cash Flow Projections - Prepare monthly cash flow projections from information derived from monthly schedule update reports. 038 Certified Payroll Review - Review Contractor's certified payroll submittals for compliance with prevailing wage requirements. 039 Construction Administration Services - Provide administrative and management services during construction phase. Implement and monitor management procedures. Manage project documentation, personnel, equipment and facilities. 041 Photographs and videos - Provide videotape and photographic 12-22-93 Page 2 of 4 documentation of project site prior to and during construction. 042 Maintain "Record" Drawings - Maintain one set of contract documents with up-to-date information regarding all addendum, substitutions, clarifications and change orders. 136 Field Testing Services - Schedule and manage field testing services. 137 Laboratory Testing Services - Schedule and manage laboratory testing services. 138 Surveying Services - Schedule and coordinate surveying services. 139 Computer Support - Provide all required computer support including hardware and software development and maintenance. 140 Utility and Permit Coordination - Review, coordinate and implement permit conditions and requirements. 141 Standards and Training - Provide required training and quality review of field personnel. 142 Plan and Specification Review - Review all plans and specifications prior to the start of construction. 143 Labor Compliance, Equal Opportunity and Disadvantaged Business Requirements - Monitor contractor's efforts in relation to Equal Employment Opportunity and labor compliance requirements. Discuss requirements with contractor at pre -construction conference. 34 Final Acceptance/Closeout Services 043 Final Inspection and Punchlist - Provide final inspection and prepare list of project construction deficiencies for resolution by Contractor. 044 Construction Approval/Acceptance - Make recommendations to owner regarding final project approval and acceptance. 045 Final Payment - Make recommendations to Client regarding Contractor's final progress payment request. Prepare final progress payment report for submission to Client. 049 Project Closeout - Prepare all documentation needed for project closeout. Deliver all project documentation to Client. 050 Final Report - Provide Client with a project final report that includes the following: 12-22-93 Page 3 of 4 ■ A financial summary of the construction contracts, change orders, consultant services, project management services and direct purchase items. ■ A summary of project change orders. ■ A construction summary and schedule review. 35 Field Observation Services 147 Resident Engineering - Manage all field operations relating to project observation, materials testing, measurement and payment, administration and conflict resolution. 148 Field Office Assistance - Provide engineering and technical support to the resident engineer in managing all field operations. 051 Field Observation - Provide full-time detailed field observation services to monitor compliance with the contract documents. 12-22-93 Page 4 of 4 ATTACHMENT NO. 2 WORKHOURS ESTIMATE 1. Preconstruction Services Position Level of DurationHrs/Mo Hrs/Mo Duration Total Total Effort I (months) I Std Hours Hours Project Mgr. 25% 1 168 42 168 50 5% 1 168 8 50 Resident Engr. 65% 1 168 109 1681 353 10% 1 168 17 126 Inspector #1 26%1 1 168 44 441 Office Engr 5% 1 168 81 81 Clerical 32% 1 168 541 541 2. CM & Inspection Services for the Merrydale Overcrossing Position Level of Duration Hrs/Mo Duration Total Total Effort (months) Std Hours Hours Project Mgr. 5% 6 168 50 168 50 10% 9 168 151 202 Resident Engr. 65% 6 168 655 1681 353 100% 9 168 1512 2167 Inspector #1 65% 6 168 655 1681 403 100% 9 168 1512 2167 OE/Insp. #21 00 �o I 168 I I 3 168 504 1159 Clerical 40% 6 168 403 I 80%I 9I 168 1210 1613 3. CM & Inspection Services for the Freitas Parkway Northbound Onramp 15—Feb-94 Position Level of Duration Hrs/Mo Duration Total Effort (months) I Std I Hours Hours Proiect Mgr. 5% 6 168 50 501 1 Resident Engr. 35% 6 168 353 3531 )Inspector #1 35% 6 1681 353 3531 1 OE/Insp. #2 35% 6 1681 353 3531 1 Clerical I 40% 6 1681 403 4031 15—Feb-94 ATTACHMENT NO.3 COST ESTIMATE & BUDGET 1. Preconstruction Services PositionI Name Total Rate I Total I Hours I Cost Project Mgr. Ow 50 $112 $5,600 Resident Engr. McKinnon 126 $92 $11,592 Inspector #1 Scheafer 44 $77 $3,388 Office Engr Staff 8 $50 $400 Clerical Staff 54 $40 $2,160 Direct Costs Scheafer 217 $80 $17,360 Front—end Specifications Staff 116 $5,000 Total Direct Costs $28,140 2. CM & Inspection Services for the Mer r dale Overcrossing PositionI Name Total Rate I Total I Hours I Cost Project Mgr. Ow 202 $112 $22,624 Resident Engr. McKinnon 2167 $92 $199,364 Inspector #1 Scheafer 2167 $77 $166,859 OE/Insp. #2 Staff 1159 $50 $57,950 Clerical Staff 1613 $35 $56,455 O.T. Insp. #1 Scheafer 217 $80 $17,360 O.T. Insp. #2 Staff 116 $50 $5,800 Direct Costs Vehicles 2 @ 12 mo, 24 $750 $18,000 Materials Testinq — STL $0 Total $544,412 3. CM & Inspection Services for the Freitas Parkway Northbound Onramp PositionI Name Total I Rate Total I Hours Cost Project Mgr. Ow 50 $112 $5,600 Resident Engr. McKinnon 353 $92 $32,476 Inspector #1 Scheafer 353 $77 $27,181 OE/Insp. #2 Staff 353 $50 $17,650 Clerical Staff 403 $35 $14,105 O.T. Insp. #1 Scheafer 35 $77 $2,695 O.T. Insp. #2 Staff 35 $50 $1,750 Direct Costs Vehicles 2 @ 3 mo. 6 $750 $4,500 Materials Testing — STL $0 Total $105,957 15—Feb-94 ATTACHMENT NO. 3 COST ESTIMATE & BUDGET Summary of Estimated Costs 1. Preconstruction Services — Harris & Associates 2. CM & Inspection Services for the Merrydale Overcrossing Harris & Associates Signet Testing Labs — Materials testing — Plant inspection Vera Carter Associates Subtotal 3. CM & Inspection Services for the Freitas Parkway Northbound Onramp Harris & Associates Signet Testing Labs — Materials testing — Plant inspection Vera Carter Associates Subtotal Harris & Associates Vera Carter Associates Total Estimated Costs 15—Feb-94 $28,140 $487,957 $0 $0 $56,455 $544,412 $91,852 $0 $0 $14,105 $105,957 $607,949 $70,560 12.17% $678,509 ATTACHMENT NO. 7 ASSUMPTIONS AND EXCLUSIONS 1. Field staff are assigned full time, with the exception of clerical services. 2. No labor rate escalation until January 1, 1995. 3. The construction periods used to budget the project work are as follows, based on the 300 working day schedule stated in the special provisions. Services required longer than these work periods will require a contract amendment: 1. Pre Construction Services 12/20/93 - 03/31/94 3 Months 2. Merrydale Overcrossing 04/01/94 - 06/30/95 15 Months 3. Freitas Parkway Northbound On Ramp 04/01/94 - 09/30/94 6 Months 5. 6. 7. B. Materials Testing will be provided through our subconsultant, Signet Testing Laboratories. Their services will be limited to those tests listed in the attached letter, Attachment No. 7. Surveying will be provided by others. Services for hazardous materials and asbestos remediation are excluded. It is assumed that the contract times allowed for the project includes a weather delay allowance. The Design Consultants will provide the following services: a. Provide technical interpretation of the drawings, specifications, and contract documents and evaluate requested deviations from the approved design or specifications. b. Review submittals for general conformance with the design concept of the project and general compliance with the information given in the contract documents. C. Respond to contractor's requests for information (RFI's), as forwarded through the Construction Manager. d. Provide design services related to the scoping and cost of contract change orders. Prepare change orders, as requested by the CM. e. Periodically visit the site to assist in the evaluation and resolution of job -site technical issues. f. Provide the necessary construction staking and surveying to establish reference points and grades required for the contractor to satisfactorily build this project. City of San Rafael 0 Department of Public Works AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH WILSEY AND HAM FOR THE MERRYDALE OVERCROSSING AND THE FREITAS INTERCHANGE NORTHBOUND ON RAMP This Agreement is made and entered into this 7th day of March 1994 by and between the City of San Rafael (hereinafter called City) and Wilsey and Ham (hereinafter called Consultant). A. SCOPE OF WORK In accordance with this Agreement, the Consultant agrees to provide professional engineering support services for the construction of the "Merrydale Overcrossing and the Freitas Interchange Northbound Onramp", as outlined in the Proposal from Consultant dated January 7, 1994, excluding however the construction surveying item. Said proposal is marked Exhibit A", attached hereto, and incorporated herein by this reference. The Consultant agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "A". B. INDEPENDENT CONTRACTOR It is understood and agreed that the Consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Consultant, or any individual whose compensation for services is paid by the Consultant. an agent or em- ployee of the City, or authorizing the Consultant to create or assume an obligation for or on behalf of the City. C. PAYMENT For the payments specified herein, which the City agrees to make, the Consultant will undertake the above noted work. Payment for Professional Engineering services will be made as follows: 1. The Consultant shall receive payment on a time and material basis for services rendered in accordance with the rates shown on his current fee schedule, set out in Exhibit "A7. 2 The total payment made for any individual work task will not exceed the $60,000 amount shown on the Proposal Budget, set out in Exhibit 'A", without prior authorization by the City. 3 Consultant's professional service fees shall be invoiced on a monthly basis. 4 Payments made by the City shall be made within 15 days of receipt of invoice. D. TERMS The terms of this Agreement shall be from the date of execution until project completion or January 1. 1996, which ever comes first..Either party may terminate this Agreement by giving other party thirty (30) days written notice. In the event of termination, City shall pay Consultant all sums then due and unpaid as of the date of receipt of notice. Payment by City of such compensation shall be considered full and final settlement for all work performed by the Consultant under this Agreement. All completed reports and other documents and materials described in Exhibit "A" shall become the property of the City. E. ARBITRATION All claims or disputes between the City and the Consultant relating to this Agreement shall be decided by arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statutes. The decision of the arbitrator shall be final and binding on the parties. In interpreting the provisions of this Agreement, the arbitrator may make an award of costs and fees, including attorney's fees necessitated by arbitration. F. ALTERATIONS This Agreement may be modified, as necessary, for the successful and timely completion of the services to be provided. Any alteration shall be expressed in writing, as an amendment to this Agreement, and shall be executed by both parties. Amendments to Exhibit "A", may be made by mutual agreement, in writing, signed by Consultant and the Director of Public Works, or the Director's appointed representative. G. ASSIGNMENT No assignment of this Agreement, either in whole or in part, shall be made by Consultant without the prior written consent of City. ENGINEERING AGREEMEI Page 2 H. NOTICES Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is sent by certified mail, postage prepaid, addressed to the respective parties as follows: City of San Rafael Wilsey & Ham Dept. of Public Works 331 Lakeside Dr. / Suite B P. O. Box 151560 Foster City, Ca. 94404 San Rafael. Ca. 94915-1560 415/349-2151 Fax 415/345-4921 1. INSURANCE During the term of this Agreement, Consultant shall maintain: comprehensive general liability insurance with a combined single limit of not less than $1,000,000 for bodily or personal injury or property damage as the result of any single occurrence; Consultant shall also maintain professional liability insurance with a limit of liability of not less than $500,000 per claim, and in the aggregate. City shall be added as a named insured on the general and comprehensive general liability insurance. Prior to beginning work under this Agreement. Consultant shall provide the City with evidence that the insurance described above is in place. J. INDEMNITY Consultant shall indemnify, defend and hold the City harmless from and against liability arising from Consultant's negligent acts, errors, or omissions in performance of the work, or for willful or intentional misconduct relating to activities carried out pursuant to or in connection with this Agreement. IN WITNESS WHEREOF, City and Consultant have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: ���A1'vIVE M. LEON IM City Clerk APP OV TO FORM: GARY T. GGHIANTI 2C- 6�X City Attorney Attachments ( 2 ) 1. Exhibit "A"- Proposal from Consultant. 2. Resolution. CITY SAN RAFAE - ERT J R Mayor CTWilsey NT: Fd am JAN 101994 PUBLIC WORKS OLN1 CITY OF S N PAFP.FL January 7, 1994 Mr. Lloyd Strom Assistant Director of Public Works City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915 Dear Mr. Strom: • 1Y�M� W: 1729-06-03 Construction Suunort Construction support will consist of the following: 1. Providing background material and data to Harris and Associates and the City. 2. Clarifications of questions regarding PS&E. 3. Review of shop drawings. 4. Providing design input as necessary for change orders. 5. Attending meetings as requested by Harris & Associates and/or City. The review of structural shop drawings will be done by Dokken Engineering, the structural designers. The cost for this work is based on other projects of like character and size. The effort for this project could be more or less depending upon conditions encountered in construction. The total amount estimated for Design Construction support is approximately $60,000 (600 person hours). This effort is expected to be expended about as shown on the following chart. 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WILSEY do HAM 1994 CHARGE RATE FEE SCHEDULE AND STANDARD CONTRACT PROVISI DNS CHARGE RATE FEE SCHEDULE The compensation of VAhq dt Nam for work done w M be on the basis otan hourly charp rate pins Incurred expenses and will be the sou& of all the items act forth bebw. PERSONNELSERVICES SZKGE9= ; 118 HR. SENIOR ENGINE6l t IAS RL ASSOCIATE ENGIINIM 97 ML ENGINEER 82 HR. ASSISTANT ENGINEER 67 UL TOM NiICIAN/DE SIGNER 77 HR. CAD OPERATOR II 62 EEL CAD OPERAWRI/DROTM $ 415 HR. WORD PROMMii/ ADMIN. SUPPORT 35 EDL OFFICE RT 30 HS. 2PE11SONs CREW 141 ER, 3 PERSON CREW m8 ER. CONTRACT ONNF1.2 Y INVOKE EFFECTIVE THROUGH DEC MEB31,1994 EXCEPTSURV W GtS HAND SUa=T4 REVISION ANNUALLY. FWD CREW RATES SUATF WTIO REMON AUGUST 16 IM B. TRAVEL & G D. L Reimbursement for actual travel and subsistence pari to or on behalf of employees on business connected with the project, plus a handling of 159i� 2 Forty cents (Aft) per mile for use ofvehicles. A- ofdight dollars M00) per hoar wt71 be changed for ase of vehides carrying 061d survey eq dpment or used for field laspecdon and sopmvisiom OUTSIDE SERVICES L Inmice cost ofsatvioes and expenses cbarpd to Wilsey AkHam byautside consultants, professional, or tachnical fume enpsged in conuectinh with the other, plus 15% handtigg charge. BEWCELLANEOUS EXPENSES L The invoice cost of materials, supplies, reproduction v add othersetrims, fndwftg eommuniotion expenses, procured by Wilsey dt Ham outside noun ns, plus a handling charge of 1596. All out-of-pocket expenses not included Items A, % and C w19 be indaded in this categoly. Z a.Electronk distance measuring devices Varia depending on instrument used in perlmming services for a client b.Compater» se changed V depoMbS upon ptogam and taide setvim used (see Reverse side) I ze • d , vEMseb 01 woaw WCM : ti0 1766T-20--20