HomeMy WebLinkAboutAGMT - Bein, Frost & Associates (Project Report Environmental Doc) f .I cn'�i"i2ti
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PROFESSIONAL SERVICES AGREEMENT
between
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City of Seal Beach
211 8 Street
Seal Beach CA 90740
(hereinafter "City ")
and
Robert Bein, William Frost & Associates
PO BOX 57057
IRVINE CA 92619 -7057
(hereinafter "Consultant ")
for
PROFESSIONAL ENGINEERING SERVICES
1 405/SEAL BEACH BLVD INTERCHANGE
PROJECT STUDY REPORT /PROJECT REPORT &
ENVIRONMENTAL DOCUMENTATION
Contract No. 99001
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into this /./ _ _ day . , � / .� ; . f99by and
bet en P - -TY toy SEAL BEACH (hereinafter called / "City "), and
.; i ; r L Z / L, . ;_�i • ereinafter called "Consultant" .
RECITALS
WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of
the State of California as a Charter City, with the power to carry on its business as it is now being
conducted under the Statues of the State of California and the Charter of the City; and
WHEREAS, the City requires the services of a Consultant to provide the professional services as
described in the Scope of Services;
WHEREAS, the Consultant is able and willing to perform the required services under the terms
and conditions of this Contract;
NOW, THEREFORE, the parties do mutually agree as follows:
SECTION 101
101.1 CONSULTANT SERVICES. Consultant, as an independent contractor, agrees to
perform during the term of this Agreement, each and every service set forth on the "Scope of
Services" attached to this Agreement as Exhibit "A ". The initiation of service by the Consultant
will commence upon receipt of a written notice from the Designated Official authorizing
Consultant to proceed, and only to the extent of such authorization. The services of the consultant
shall include the making of all investigations, studies, and analysis required by the conditions
involved in each request of the Designated Official.
101.2 TIME OF PERFORMANCE. Consultant shall complete all services set forth in
"Schedule ", Exhibit C, Schedule. The foregoing time schedule may be modified by the mutual
written consent of the parties hereto.
101.3 COMPENSATION. The City will pay for the services of Consultant as indicated on the
"Schedule of Compensation" which is set forth in Exhibit `B ". No payment for expenses or labor
shall be paid by City unless it is related to a service which is referred to in the "Schedule of
Compensation ". The total cost to the City shall not exceed the amount designated in Exhibit `B ",
without the written approval and authorization of the City Council.
101.4 PAYMENT. The City will pay for services of the Consultant according to the progress
payments schedule established in the Schedule of Compensation. City's payment to Consultant
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shall be made within thirty (30) days of the date of completion of each phase as set forth in the
progress schedule.
101.5 INDEPENDENT CONTRACTOR. Consultant and its subcontractor(s) shall act
hereunder as independent contractors, and shall have no power to incur any debt or obligation for
City. Neither City or any of its officers or employees shall have any control over the conduct of
Consultant, or any of Consultant's employees or subcontractor, except as herein set forth, and
Consultant expressly warrants no to, at any time or in any manner, represent that it, or any of its
agents, servants, subcontractors or employees, are in any manner agents, servants or employees of
City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly
independent contractor and Consultant's obligations to City are solely such as are prescribed by
this Agreement.
101.6 ASSIGNMENT. This Agreement may not be assigned in whole or in part, without the
prior written consent of City.
101.7 DOCUMENT OWNERSHIP. Each and every report, draft, instrument of service, map,
record, and other document reproduced, prepared, or caused to be prepared by the Consultant
pursuant to or in connection with this Agreement shall be the exclusive property of the City. City
acknowledges and agrees that all reports, drafts, instruments of service, maps, records, and other
documents prepared by Consultant pursuant to this Agreement shall be used exclusively on this
project and shall not be used for any other work without the written consent of Consultant. In the
event City and Consultant consent permit the reuse or other use of the reports, drafts, instruments
of service, maps, records, and other documents, City shall require the party using them to
indemnify and hold harmless City and Consultant regarding such reuse or other use, and City shall
require the party using them to eliminate any and all references to Consultant from the reports,
drafts, instruments of service, maps, records, and other documents. This paragraph shall not
restrict the duties of the City under the public records act.
101.8 CITY LIASON. Consultant shall perform under the general supervision of the Director of
Public Works of City or his designee, and all communications, instructions and directions on the
part of the City shall be communicated exclusively through the Director of Public Works or his
designee.
101.9 PERSONNEL. Consultant represents that it has, or shall secure at its own expense, all
personnel required to perform Consultant's services under this Agreement. Consultant may
associate or employ associates or subcontractors in the performance of it services under this
agreement, but all times shall be responsible for their services.
101.10 INSURANCE Consultant shall procure and maintain for the duration of this Agreement
the following policies of insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work performed hereunder by
Consultant, its agents, representatives or employees. Such policies of insurance shall be placed
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with insurers admitted to do business in California with a current A.M. Best's rating of A: VII or
better, unless an otherwise acceptable insurer is approved in writing, and in advance, by the City.
101.10.1. Scope and Limits of Coverage: At a minimum, the policies of insurance required
hereunder shall meet the following specifications:
1. A policy or policies of Commercial General Liability insurance with minimum limits of one
million dollars ($1,000,000) per occurrence for any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and independent
contractors in performance of services under this Agreement. Such coverage shall be at least
as broad as Insurance Services Office Commercial General Liability coverage (occurrence
form CG 0001). If Commercial General Liability Insurance or other form with a general
aggregate is used, either the general aggregate limit shall apply separately to the services
performed under this Agreement, or the general aggregate limit shall be twice the required
occurrence limit.
2. A policy or policies of Automobile Liability insurance with a minimum limit of one million
dollars ($1,000,000) per accident for bodily injury and property damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and independent
contractors in performance of services under this Agreement. Such coverage shall be at least
as broad as Insurance Services Office form number CA 0001 covering Automobile Liability,
code 1 (any auto).
3. Worker's Compensation insurance as required by the State of California, and Employer's
Liability Insurance with a minimum policy limit of one million dollars ($1,000,000) per
accident for bodily injury and disease. Such policies of insurance shall cover all persons who
provide services on behalf of Consultant. [omit the remainder of this paragraph if the
Consultant has employees]. As of the effective date of this Agreement, Consultant represents
that it has no employees as defined by California law and on that basis is not required to
comply with the Worker's Compensation insurance requirements of State law, nor to provide
Employer's Liability Insurance. If at any time during the term of this Agreement Consultant
employs any individual or individuals so as to become subject to the State of California's
Worker's Compensation Insurance requirements, Consultant shall immediately procure
Worker's Compensation Insurance as required by law, and Employer's Liability Insurance as
specified herein, and maintain such insurance in full force and effect during the term of this
Agreement.
4. A policy or policies of Errors and Omissions professional liability insurance appropriate to
Consultant's profession and approved in writing and in advance by the City. Such policy or
policies of insurance shall carry a minimum limit of one million dollars ($1,000,000) per
occurrence.
101.10.2 Other Insurance Provisions: All such policies of insurance shall, where applicable,
contain, or be endorsed to contain, the following provisions:
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1. The City, its officers, officials, employees, agents and volunteers shall be covered as insureds
with respect to liability arising out of activities performed by or on behalf of Consultant;
products and completed operations of Consultant, premises owned, occupied, or used by
Consultant; and automobiles owned, leased, hired, or borrowed by Consultant. The policy or
policies of insurance shall contain no special limitations on the scope of protection afforded to
the City, its officers, officials, employees, agents or volunteers.
2. For any claims related to this Agreement, Consultant's insurance shall be primary insurance
with respect to the City, its officers, officials, employees, agents and volunteers. Any
insurance or self - insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of Consultant's insurance and shall not contribute with Consultant's
coverage.
3. Any failure to comply with reporting or other provisions of the policies including breaches of
warranties shall not affect coverage provided to the City, its officers, officials, employees,
agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.
5. Each policy of insurance required by this Agreement shall be endorsed to state that coverage
shall not be suspended, non - renewed, voided, canceled by either party, reduced in coverage or
in limits, or otherwise modified (except through the addition of additional insureds to the
policy) except after thirty (30) days written notice to the City by certified mail, return receipt
requested. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance
coverage without having first obtained replacement insurance that complies with the
requirements of this Agreement.
6. The insurer shall waive all rights of subrogation against the City, its officers, officials,
employees, agents, contractors, subcontractors and volunteers.
7. Consultant shall pay all insurance premiums when due, at Consultant's sole expense.
Consultant shall not be entitled to any reimbursement of insurance premiums as a reimbursable
expense under this Agreement.
101.10.3 Verification of Coverage Consultant shall submit to City (1) insurance certificates
indicating compliance with the minimum worker's compensation insurance requirements above,
and (2) original insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less than one (1) day prior to beginning of performance under
this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled
"Additional Insured Endorsement ", or a substantially similar form acceptable to the City Attorney.
Endorsements shall be signed by a person authorized by that insurer to bind coverage on its
behalf. Consultant's failure to comply with this requirement shall constitute a material breach of
this Agreement, for which City shall be entitled to seek all available legal remedies including,
without limitation, recision of this Agreement. The City shall not be required to compensate
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Consultant for any services performed prior to the date certificates of insurance and endorsements
are presented to the City unless the City shall have first issued a written notice to Consultant to
proceed notwithstanding the requirements of this Agreement.
101.10.4 Deductibles and Self Insured Retention Any deductibles or self - insured retention
must be declared to and approved by the City prior to the commencement of work hereunder. At
the sole option of the City, the insurer may be required to reduce or eliminate such deductibles or
self - insured retentions as respects the City, its officers, officials, employees, agents and
volunteers. Alternatively, the City may require Consultant to procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
101.10.4 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies, or shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the requirements stated herein.
101.11 NOT USED
101.12 INDEMNIFICATION. Consultant shall indemnify the City and its officers, employees
and agents against, and will hold and save them and each of them harmless from, any and all
actions, claims, damages to persons or property, penalties, obligations or liabilities that may be
asserted or claimed by any person, firm, entity, corporation, political subdivision or other
organization arising out of the negligent or intentional tortious acts, errors or omissions of
Consultant, its agents, employees, subcontractors, or invitees.
Consultant will defend the City, its officers, agents and employees from and against any action or
actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and
will pay all costs and expenses, including attorney's fees for counsel of City's choice incurred in
connection herewith;
Consultant will promptly pay any judgment rendered against the City, its officers, employees or
agents for any such claims, damages, penalties, obligations or liabilities:
In the event , its officers, employees or agents is made a party to any action or proceeding to any
action or proceeding filed or prosectued against Consultant for such damages or other claims
arising out of or in connection with the sole negligence of Consultant hereunder, Consultant
agrees to pay City, its officers, employees or agents, any and all costs and expenses incurred by
City, its officers, employees or agents in such action or proceeding, including but not limited to,
reasonable attorney's fees.
101.13 TERMINATION OF AGREEMENT. This Agreement may be terminated without
cause by City upon ten (10) days' written notice to the Consultant without further action by the
City. This Agreement may be terminated by the Consultant upon thirty (30) days' written notice
to the City. In the event the City terminates this Agreement as provided above, Consultant shall
terminate work at the earliest possible point, and complete all attendant reports and /or graphic
representations, conceptual plans, construction plan, or construction specifications. The City shall
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compensate the Consultant proportionately for work, provided such work is in a form useable to
the City.
Notice. Any notice required to be given to the Consulant shall be deemed duly and properly given
upon mailing, postage prepaid, to:
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RBF
PO BOX 57057
IRVINE CA 92619 -7057
or personally delivered to Consultant at such address or other address specified to the City in
writing by Consultant.
Any notice required to be given to the City shall be deemed duly and properly given upon mailing,
postage prepaid, to:
Attn: Director of Public Works
City of Seal Beach
211 Eighth Street
Seal Beach CA 90740
or personally delivered to City at such address or address specified to the Consultant in writing by
the City.
101.14 STANDARD OF PERFORMANCE. The Consultant shall perform and require its
Subcontractors to perform the Services in accordance with the requirements of this Agreement
and in accordance with professional standards of skill, care and diligence adhered to by firms
recognized for their expertise, experience and knowledge in performing services of a similar
nature. The Consultant shall be responsible for the professional quality, technical accuracy,
completeness, and coordination of the Services, it being understood that the City will be relying
upon such professional quality, accuracy, completeness, and coordination in utilizing the Services.
The foregoing obligations and standards shall constitute the "Standards of Performance" for the
purposes of this Contract.
The Consultant shall carefully study this Contract, shall verify all figures in these Contract
Documents before performing the Services; shall promptly notify the City of all errors,
inconsistencies, and /or omissions that it discovers; and, in instances where such non - conformities
are discovered, shall obtain specific instructions in writing from the City before Consultant's
proceeding with the Services. Any Services affected which are performed prior to the City's
decision shall be at the Consultant's risk. The Consultant shall not take advantage of any apparent
non - conformity that may be found in this Contract. The City shall be entitled to make such
corrections therein and interpretations thereof as it may deem necessary for the fulfillment of the
intent of this Contract. Omissions or misdescriptions of any Services that are manifestly necessary
to carry out the intent of this Contract, or that are customarily performed, shall not relieve the
Consultant from performing such Services at no additional expense and/or delay, and such
Services shall be performed as if fully and correctly set forth in this Contract.
101.15 WARRANTY. The Consultant warrants that all Services shall be in accordance with this
Contract and shall comply with the Standard of Performance for a period of one year from final
acceptance of the Services. In the event of breach of this warranty, the Consultant shall take the
necessary actions to correct the breach and the consequences thereof, at the Consultant's sole
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expense, in the most expeditious manner as permitted by existing circumstances. If the Consultant
does not promptly take steps to correct the breach upon notification thereof by the City, the City
without waiving any other rights or remedies it may have at law or otherwise, may do or cause
others to do so, and the Consultant shall promptly reimburse the City for all expenses and costs
incurred in connection therewith.
101.16 DATA AND SERVICES TO BE FURNISHED BY CITY. Consultant shall deliver to
the City the studies, plans, specifications, or other documents as are identified in the Scope of
Services; and Consultant shall upon completion of all work, submit to the City all information
developed in the course of the Consultant's services. Consultant shall, in such time and in such
form as the City may require, furnish reports concerning the status of services required under this
Agreement. Consultant shall, upon request by City and upon completion or termination of this
Agreement, deliver to the City all material furnished to Consultant by the City.
101.17 CONFIDENTIALITY. Consultant shall not disclose, publish, or authorize others to
disclose or publish, design data, drawings, specifications, reports, or other information pertaining
to the projects assigned to consultant by the City or other information to which the consultant has
had access during the term of this agreement without the prior written approval of the designated
Official during the term of this Agreement and for a period of two (2) years after the termination
of this agreement.
101.18 RECORDS. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by the City or the Designated
Official. The Consultant shall maintain adequate records on services provided in sufficient detail
to permit an evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide access to the Designated Official or his designees at all proper times to
such books and records, and gives the Designated Official or his designees the right to examine
and audit such books and records and to make transcripts as necessary, and to allow inspection of
all work, data, documents, proceedings, and activities related to this Agreement.
101.19 ASSIGNMENT. This agreement is personal to the Consultant and the Consultant's
Representative. Any attempt at assignment by the Consultant shall be void unless approved in
writing by the Designated Official. Consultant's services pursuant to this Agreement shall be
provided by the Consultant's Representative or directly under the supervision of the Consultant's
Representative and Consultant shall not assign another to supervise the Consultant's performance
of this Agreement without the prior written approval of the City, by and through the designated
Official.
101.20 SAFETY REQUIREMENT. All work performed under this Agreement shall be
performed in such a manner as to provide safety to the public and to meet or exceed the safety
standards outlined by CAL -OSHA. The City reserves the right to issue restraint or cease and
desist orders to the Consultant when unsafe or harmful acts are observed or reported relative to
the performance of the work under this agreement. The Consultant shall maintain the work sites
free of hazards to persons and property resulting from its operations. Any hazardous condition
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noted by the Consultant which is not the result of his operations shall be immediately reported to
the City.
101.21 NUISANCE. Consultant shall not maintain, commit, or permit the maintenance or
commission of any nuisance in connection with the performance of services under this Agreement.
101.22 PERMITS AND LICENSES. Consultant, at its sole expense, shall obtain and maintain
during the term of this Agreement, all appropriate permits, licenses, and certificates that may be
required in connection with the performance of services under this Agreement.
101.23 CONFLICT OF INTEREST. Consultant covenants that neither consultant, nor any
officer thereof, has any interest, nor shall they acquire any interest, directly or indirectly which will
conflict with in any manner or degree with the performance of the Consultant services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by Consultant. Consultant further covenants that
Consultant has not contracted with nor is the Consultant performing any services directly or
indirectly, with any developer and/or property owners and /or firms, and/or partnerships owning
property in the City, and further covenants and agrees that Consultant and /or its subcontractors
shall provide no service or enter into any contact with the Developer and /or property owner
and /or firms, and /or partnerships owning property in the City prior to the completion of this
Agreement.
101.24 WAIVER. A waiver by the City of any breach of any term, covenant, or condition
contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained in this Agreement whether of the same
or different character.
101.25 COST OF LITIGATION. If any legal action is necessary to enforce any provision of
this Agreement or for damages by reason of any alleged breach of any provisions of this
Agreement, the prevailing party shall be entitled to receive from the losing party all costs and
expenses in such amount as the court may determine to be reasonable. In awarding the cost of
litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of
justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in
good faith.
101.26 SEVERABILITY. If any part, term, or provision of this Agreement shall be held illegal,
unenforceable, or in conflict with any law of a federal, state, or local government having
jurisdiction over this Agreement, the validity of the reminding portions or provisions shall not be
affected by such holding.
101.27 INTEGRATED CONTRACT. This Agreement represents the entire Agreement
between the City and the Consultant and all preliminary negotiations and agreements are deemed
a part of this Agreement. No verbal agreement or implied covenant shall be held to vary the
provisions of this Agreement. This Agreement shall bind and inure to the benefit of the parties to
this Agreement and any subsequent successors and assigns.
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101.28 CHOICE OF LAW . The terms of this Agreement shall be interpreted according to the
laws of the State of California.
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In recognition of the obligations stated in this Agreement, the parties have executed this
Agreement on the date indicated above.
CONSULTANT: ITY•
By: 0 By:
Name: Paul R.Young, S.E. Name: Keith R. Till
Title: Vice President Title: City Manager
Attest Approved as to form:
By: By:
N. " nn
Joa e M. Yeo Name:
Title: City Clerk Title:
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EXHIBITA
SCOPE OF
WORK
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200 GENERAL REQUIREMENTS FOR THE SCOPE OF WORK
200.1 EXAMINATION OF RFP /RFQ DOCUMENTS: The Consultant shall be solely
responsible for examining the City's RFP /RFQ documents, including any addenda
issued, and for informing itself with respect to any and all conditions which may in any
way affect the amount or nature of the proposal, or the performance of the Services in
the event the Consultant is selected. No relief for error or omission will be given.
200.3 E MAIL: The Consultant shall supply the City with individual Internet E — mail
addresses for each of the project managers and principals involved in the project and
other consultant personnel as the City deems necessary.
200.4 INVOICES: The Consultant shall submit not more than one invoice a month and
shall obtain a copy of the accounts payable schedule. The invoice will be in a format
that is acceptable to City Engineering Staff and shall detail previous billing history,
percentage of work completed and percentage of dollars spent. The Consultant shall
prepare invoices that show costs against each major milestone task.
The Consultant shall notify the City when the cumulative compensation payable under
this Contract has reached 75% of the Contract not to exceed price. If at any time the
Consultant has reason to believe that the total cost to the Authority for the performance
of this Contract will be greater or substantially less that the Contract not to exceed
price, the Consultant shall notify the Consultant in writing to that effect and give its
revised estimate of the total cost for the performance of this Contract. The notice shall
state the estimated amount of additional funds required to continue performance for the
remainder of the contract term. In no event is the Consultant authorized to exceed the
"not to exceed price" without prior written approval from the City.
200.5 COMPUTER FILES: The Consultant shall supply the City with a digital and
editable copy of all files that are included in the hard copy of the report. The Consultant
shall use or transfer into the following formats: Word Processing: Microsoft Word 97,
Spreadsheets: Excel 97, Databases: Filemaker Pro, Microsoft Access, GIS: ArcView,
Drawings: Autocad 14. All final plans shall be submitted also on CD readable by City
computers. If the Consultant wishes to use another program that would increase
productivity, the Consultant will provide the City a licensed copy or transfer into a format
that is acceptable to City Engineering Staff. All digital files shall be submitted on a "zip
disk."
The City shall have the right to use, duplicate, modify or disclose the technical data and
the information contained. The City shall remove the Consultant's name, and the
professional engineer's name, seal and signature from any modified file or document.
200.6 KEY PERSONNEL: The Consultant shall not reassign any personnel mentioned
in the RFQ /Interview process unless under extraordinary circumstances. The
Consultant shall secure the prior written approval the City for any change or
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reassignment of the key personnel, submitting written documentation of the new
individual's qualification.
The Consultant's project manager shall supervise and direct the services, and have
overall responsibility for the services in accordance with the Consultant agreement and
Scope of Work. The Consultant shall be solely responsible for implementation of all
services, means, methods, techniques, sequences, and procedures and for
coordination of all portions of the services.
All workers shall have sufficient skill and experience to perform the work assigned to
them. The City shall have the right, in its absolute discretion to require the removal of
the Consultant's personnel at any level assigned to the performance of the Services at
no additional fee to the City, if the City considers such removal necessary and in its
best interest and request such removal in writing. Further, an employee who is
dismissed for any of the above reasons shall not be re- employed on this Contract.
Key Personnel
Michael Bruz Principal in Charge
Paul Young Project Manager
Gary Warkentin Transportation Planner
Greg Rende Bridge Design Leader
Kevin Thomas Environmental Manager
200.7 UNAUTHORIZED WORK: Any services not required by the terms of the final
scope of work or proposal that are performed without written authority from the City, will
be considered as unauthorized and at the sole expense of the Consultant. Services so
performed will not be paid for, and no extension in the period of performance shall be
granted on account thereof.
200.8 AUDITS: The Consultant shall keep and maintain full and complete records and
books of account of its costs and expenses relating to the performance of the Services,
in accordance with generally accepted accounting practices. Such records and
accounts shall permit the Consultant to furnish the City, upon written notice, an
accurate written allocation of the costs to the various elements of the Services, as may
be required by the Authority. Upon reasonable advance written notice the City or its
representatives shall have the right to examine, any books, records, accounts, and
other documents of the Contractor directly pertaining to costs when such costs are the
basis of a claim or of reimbursement to the Consultant hereunder. The Consultant will
make reasonable efforts to assure that the any such representative is not a competitor
of the Contractor to which the disclosure of such cost information would have a
detrimental effect on the Consultant's business. The Consultant shall keep and
preserve all such books, records, accounts, and other documents for a period of at
least three years from after completion of the Services after Final Payment or if this
Contract is terminated in whole or in part after the final termination agreement.
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200.9 CONSULTANT'S INTERACTION WITH MEDIA AND THE PUBLIC: The
Consultant shall refer all inquiries from the news media to the City. If the Consultant
receives a complaint from a citizen or the community, the Consultant shall inform the
City what action was taken to alleviate the situation.
200.10 SUBCONTRACTORS /SUBCONSULTANT: The City reserves the right of prior
approval of all subcontractors and retains the right to request the Consultant to
terminate any subcontractor, for any reason appropriate by the City, by so notifying the
Consultant in writing. Should said notification be submitted to the Consultant, it shall
terminate said subcontractor immediately.
The City shall have no liability to any subcontractor(s) for payment for services under
this Contract or other work performed for Contractor. Any subcontract entered into by
Consultant under the contract shall duly note that the responsibility for payment for the
technical services or any other services performed shall be the sole responsibility of the
Consultant.
200.11 DIRECT EXPENSES: It is expected that the Consultant has extensive
knowledge and experience performing this type of work. The Consultant shall prepare a
not to exceed budget for direct expenses and breakdown costs for services such as
copying, blue prints, computer time, reproduction, delivery, and any other foreseeable
expense not covered in the Consultant's hourly rates. Therefore, the Consultant shall
receive no additional compensation beyond that which is detailed in their budget. The
City will not pay for mileage charges.
200.12 INSURANCE: The Consultant shall obtain a minimum of $1,000,000 worth of
professional error and omissions insurance prior to entering into an agreement with the
City. The insurance requirement is non - negotiable.
200.13 RETENTION FOR CALTRANS: For any task orders that include Federal
Funding, the City will withhold ten percent (10 %) of each progress payment to
Consultant. Upon request by the Consultant, and subject to the City's approval, the
Consultant may provide an alternate form of security for performance as a substitute for
City's withholding of ten percent (10 %) of each progress payment. Acceptable forms of
security to be deposited in an approved escrow account at no cost to the City include
certificates of deposit, cash, securities, or bonds; the Consultant may also provide an
irrevocable letter of credit deposited with the City's Director of Finance.
The ten percent (10 %) retention for Federal Funded related task orders shall be
withheld by the City until such time that all work for the respective task order is
completed and all deliverables are received by the City and Caltrans.
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• City of Seal Beach
EXHIBIT "A"
SCOPE OF SERVICES
Consultant agrees to provide the following scope of services:
I- 405 /SEAL BEACH BOULEVARD INTERCHANGE SCOPE OF SERVICES
The following detailed Scope of Work is structured to clearly identify planning and preliminary engineering elements
that are required by Caltrans before work can commence on fmal PS &E. It has been successfully used by RBF on
previous Caltrans projects and will result in approval of the PSR/PR document for the interchange.
Project Management. This task includes overall project management, liaison with affected agencies, Project Design
Team (PDT) leadership, progress monitoring and maintenance of project files.
Agency Liaison. A number of agencies, organizations and consultants are involved in this project. An important
consideration is to ensure that the key players are well coordinated and kept informed regarding issues status, resolution
and schedule progress. RBF shall lead the PDT's effort and interface with agencies and other firms to facilitate project
delivery.
Quality Control. RBF shall supervise, coordinate, monitor and review design for conformance with Caltrans and local
agency standards, policies and procedures.
PHASE 1: CONCEPTUAL DESIGN
1.1 Existing Data Research and Investigation
Existing data shall be researched, obtained and input into the project's CADD data base as appropriate. Included are:
Existing Right -of -Way Maps and Parcel Ownership Data. Necessary right -of -way maps shall be obtained from the
County, Caltrans and City of Seal Beach. Property ownership from assessor records, assessor parcel numbers and parcel
size shall be researched. The right -of -way data will be graphically plotted onto the base maps. The area will be limited
to parcels with potential right -of -way acquisitions.
As - Built Mapping. As -built maps of the freeway and adjoining roadways shall be obtained from Caltrans and City of
Seal Beach.
As - Built Bridge Plans and Maintenance Reports. The plans (including bridge retrofit plans) and reports shall be
obtained and reviewed. A field review shall be conducted to confirm visible areas of the bridge that will be impacted
by the widening conform to the as-built plans. Maintenance reports will be reviewed to confirm existing vertical
clearance and any maintenance or bridge condition concerns which should be addressed by this project.
Utility Information. Contacts with all utility agencies /owners having facilities within the project area shall be made
in writing. All known utilities within the project area shall be plotted on the base maps. Planned utility improvements
shall be ascertained. The base maps shall be forwarded to each utility agency /owner for review, correction and
certification of correctness. The utility research will be isolated to areas likely to be affected by the proposed
interchange altematives.
Field Review. This task shall include a reconnaissance of the existing conditions as they relate to the as -built and
existing aerial mapping. Discrepancies shall be noted and where possible, dispositioned. Photographs from the field
reconnaissance shall be assembled into a notebook and digital file provided to the City.
EXHIBIT "A" SCOPE OF SERVICES
1-405 / Seal Beach Boulevard Interchange Page 1
• • City of Seal Beach
Review Related/Adjacent Studies. A review of project history files, previous and adjacent studies shall be conducted
to gather any background information available. This information will provide additional identification of potential
projects issues and shall be incorporated, as appropriate, into the Project Study Report/Project Report.
Deliverables
Data Compilation
Field Review
1.2 Aerial Topographic Mapping
Establish survey ground control for aerial topography. All surveys shall be performed in accordance with the current
Caltrans Survey Manuals. Work not covered by the Manuals shall be performed in accordance with accepted
professional surveying standards as approved by Caltrans. CADD format will be developed. Metric mapping shall be
developed at 0.5 meter contour intervals at a metric scale of 1:500. Limits of mapping coverage shall include existing
interchange area and Seal Beach Boulevard from south of Beverly Manor Drive to Lampson Avenue.
Deliverables
Aerial topographic mapping (1:500 metric)
1.3 Traffic Forecasts /Operational Analyses
An analysis of ramp and intersection operations shall be conducted utilizing existing and design year traffic volumes
provided by the City. This analysis shall be completed utilizing the ICU method.
Deliverables
Letter Report detailing Traffic Analysis of Existing and Design Year Traffic Volumes
1.4 Conceptual Engineering Studies
Preliminary layouts of two (2) alternative horizontal alignments shall be prepared. Geometric information shall be
developed including plans and profiles at a metric scale of 1:1000. Alternative 1 will assume widening of the existing
bridge and Alternative 2 will assume replacement of the existing bridge. Preliminary structural design studies shall be
conducted for a bridge widening, bridge replacement and alternative retaining wall systems to be constructed on the
north side of Seal Beach Boulevard.
Deliverables
Conceptual Geometrics and Alternative Wall Type Study
1.5 Preliminary Environmental Evaluation
Environmental issues that may require future detailed study or that may delay or affect the viability of an alternative
shall be identified. Preliminary assessments of the impacts, potential mitigation measures and costs that could be
required for each impact shall be made. The most appropriate Environmental Document, processing procedures and
schedule shall be identified. The resultant memorandum shall become the work scope for the required future
environmental assessment and shall be done in adequate detail to meet that goal in addition to complying with all
applicable Caltrans requirements.
Deliverables
Preliminary Environmental Evaluation
1.6 Alternative Financing Mechanisms
An evaluation of the potential public or municipal funding sources available and a description of available financing
mechanisms suitable for this Project shall be provided to the City. RBF shall develop recommendations on the most
EXHIBIT "A" SCOPE OF SERVICES
1-405 / Seal Beach Boulevard Interchange Page 2
• • City of Seal Beach
beneficial fmancing. RBF shall outline a program to pursue financing through the recommended methods, which
includes the following:
1. Research the available public and municipal fmancing mechanisms which may be applicable to fund portions
of the Project. Investigation shall include current legislative funding opportunities at both the State and Federal
level. Requirements for the participation in these programs shall be clearly identified.
2. The various financing mechanisms and programs shall be evaluated. A detailed discussion shall be developed
which summarizes the relative merits of various fmancing and funding alternatives for future construction.
Constraints shall be identified in the various funding programs relative to timing or schedule and estimated
chance of success.
3. Research and investigate the current regional funding programs related to transportation projects through
OCTA.
4. Other potential methods of fmancing shall be explored including various means of debt - fmancing, revenue
sources, CIP, fee program and grants.
Deliverables
Memorandum summarizing potential funding sources
1.7 Technical Memorandum and Concept Presentation
A technical memorandum which summarizes the opportunities and constraints associated with the alternative
interchange concepts shall be prepared. Budgetary cost estimates shall be developed. The recommended interchange
improvement shall be identified and documented in a Combined PSR/PR.
Deliverables
Technical Memorandum with recommendations on appropriate Caltrans Project Development Process (which has been
assumed to be a Combined PSR/PR)
Preliminary Cost Estimate
1.8 Project Meetings
RBF shall lead Project Development Team (PDT) meetings and other meetings, as appropriate. The PDT will guide
the project in accordance with the Caltrans Project Development Procedures Manual.
RBF shall arrange meetings, provide discussion materials and agendas and develop and distribute meeting notes. RBF
shall prepare an action item matrix, document all project decisions and distribute correspondence copies to all Project
Team members as appropriate. RBF will also maintain project files using the Caltrans Uniform File System.
Deliverables
Project Meeting Attendance
Meeting Minutes
Phone Logs
Other Project Documentation as appropriate
1.9 Progress Reports /Administration
Monthly progress reports shall be prepared to document progress on the project. The report will consist of the
following:
Work accomplished during the reporting period
Work anticipated during the next reporting period
EXHIBIT "A" SCOPE OF SERVICES
1 -405 / Seal Beach Boulevard Interchange Page 3
•
11111 • City of Seal Beach
Issues
Impacts
Progress Schedule
Deliverables
Project Management and Administrative Services
Monthly Progress Reports
PHASE 2: PROJECT STUDY REPORT/PROJECT REPORT .
This Scope of Services assumes a combined PSR/PR will be prepared for this project.
2.1 Perform Initial Site Assessment (ISA)
Perform a Phase 1 Initial Site Assessment (ISA). In accordance with Caltrans requirements and ASTM standards, the
ISA shall investigate previous land use and potential contamination sources that may affect the project such as dumps,
landfills, debris areas, chemical use or storage areas, recorded spill areas, hazardous waste sites (generators and
treatment, storage or disposal facilities), surface water discharges, transformers or dispensing facilities, above or
underground tanks and groundwater contamination or treatment areas. The geologic, hydrogeologic and topographic
features shall also be generally described. The investigation shall utilize, as appropriate, a one -mile radius study area
in order to locate sites with the potential to impact the project, based on a governmental records database search.
The scope of work shall include:
Review of existing data, including aerial photos and agency records
Perform a site reconnaissance
Prepare a report summarizing the results of the investigation
This information will be based on review of existing data and various data base searches. No drilling and sampling or
chemical testing is required during the PSR/PR stage.
Deliverables
Initial Site Assessment
2.2 Preliminary Interchange Geometry
Preliminary engineering geometric plans shall be prepared for the preferred project alternative at a metric scale of 1:500.
Plan, profile, and superelevation drawings and diagrams and shall be prepared for modifications to existing freeway
ramps, the bridge overcrossing, and revisions to existing City streets.
The designs shall include geometric descriptions, such as centerline bearing and radii; vertical grades and alignment;
cut and fill slopes; and existing and proposed right -of -way lines. The drawing shall provide sufficient detail to allow
identification of the scope of the alternatives and impacts on the surrounding environment and to support the
development of cost estimates.
Typical road and ramp sections showing lane widths, shoulder widths, median widths, slopes shall also be shown.
Available as -built drawings and other hydrology data shall be reviewed to determine the impact to existing drainage
facilities and identify conceptual drainage facility improvement locations.
Preliminary right -of -way needs shall be determined and plotted on the Preliminary Geometric Layouts for the
recommended alternative. The information shown on the maps shall include:
Assessor Parcel Numbers .
High Risk and Low Risk Utilities
EXHIBIT "A" SCOPE OF SERVICES
I.405 / Seal Beach Boulevard Interchange Page 4
• City of Seal Beach
Proposed Right -of -Way Lines
Limits of Access Control
Property Ingress Modifications
The information shall be shown for Caltrans' use in preparing the Right -of -Way Data Sheets for inclusion in the
PSR/PR.
Impacts to existing utilities shall be determined for each alternative. Potential relocation cost estimates shall be
developed by Caltrans as part of the Right -of -Way Data Sheets. The responsible agency shall be identified and
contacted. Probable utility relocations shall be plotted.
An Advance Planning Study for the proposed bridge structure widening shall be conducted in accordance with Caltrans'
Memo to Designers 1 -8. Issues considered shall include span length and structure depth, deflection compatibility with
the existing bridge, foundation type, falsework clearance, ultimate vertical clearance, construction phasing, aesthetics
and construction cost for inclusion with the PSR/PR.
Deliverables:
Preliminary Plan, Profile and Superelevation Diagram
Advanced Planning Study
Preliminary Construction Cost Estimate
2.3 Preliminary Drainage Study
Based on Caltrans, City of Seal Beach and Orange County standards, a conceptual drainage review shall be conducted.
Conceptual design of schematic system layouts for the project area including freeway systems and local street drains
shall be prepared. New systems or upgraded system requirements shall be estimated.
Deliverables:
Preliminary Drainage Study
2.4 Draft Project Study Report/Project Report ( PSR/PR)
A draft PSR/PR shall be prepared in accordance with 7th Edition of the Caltrans Project Development Procedures
Manual.
Project costs shall be developed in conformance with Caltrans Guidelines. Cost estimates shall be prepared on a unit
price basis for each of the alternatives using the Caltrans format. Structural cost estimates shall be developed as part
of the Advance Planning Study and incorporated within the overall cost estimate. Separate costs for right -of -way and
utility relocations shall also be included.
The draft PSR/PR shall be circulated for oversight review comments. Caltrans will circulate internally for functional
group review and comments. The PSR/PR shall also be circulated to the PDT and other affected agencies.
Deliverables
Draft PSR/PR
2.5 Prepare Fact Sheets (Mandatory and Advisory)
Exceptions to design standards shall be prepared detailing all non - standard design elements. These shall be prepared
in close coordination with and reviewed by Caltrans. Revisions shall be made as appropriate and the final design
exception documentation shall be prepared.
Deliverables
Approved Fact Sheets
EXHIBIT "A" SCOPE OF SERVICES
1 -405 / Seal Beach Boulevard Interchange Page 5
•
•
• • City of Seal Beach
2.6 Final Project Study Report/Project Report (PSR/PR)
RBF shall provide Project Team coordination during the review and approval process for the Project Study
Report/Project Report. Comments shall be addressed and revisions made as appropriate. RBF shall obtain Caltrans
approval and provide copies of approved and signed PSR/PR.
Deliverables
Approved Project Study Report/Project Report
2.7 Environmental Document
2.7.1 Screencheck Environmental Document
The environmental document shall be prepared in accordance with the Caltrans Environmental Handbook, and in close
coordination with Caltrans and City staff on methodology and document format. Based on our experience, a field visit
and review of available information, RBF has assumed that the appropriate environmental document will be an Initial
Study / Mitigated Negative Declaration for City adoption, after which Caltrans would issue environmental clearance
under the National Environmental Policy Act (NEPA) as a Categorical Exclusion (CE).
The overall approach to the Initial Study / Mitigated Negative Declaration shall be to document existing conditions,
identify potential impacts, and develop mitigation measures to reduce potential impacts to less than significant levels.
Should the IS indicate that one or more impacts may remain significant following mitigation, an Environmental Impact
Report (EIR) in accordance with the California Environmental Quality Act (CEQA) would be required; this is not
included as part of this Scope of Services. However, for the purposes of this Scope of Work, it is assumed that an IS/ND
is the appropriate environmental process.
Prior to the commencement of the IS writing efforts, RBF shall conduct field research on -site and in surrounding areas
to identify the existing environmental setting of the project area and to investigate the applicable environmental issues
to be addressed. The data obtained during field research shall become part of the foundation of the IS and shall be
analyzed carefully to determine the potential environmental impacts associated with implementation of the proposed
Project. As part of the research phase, RBF shall compile and review the existing environmental documentation
prepared for the project site and surrounding areas. Regional planning documents shall be examined as they relate to
the Project area. Information obtained in this task shall be incorporated into the IS, where relevant.
The IS work program shall consist of the following subtasks:
•
Purpose and Need for the Project
This section shall describe the purpose and need for the project, including existing traffic volume, capacity and safety
issues.
Description of the Proposed Project
Based on Project Study Report/Project Report data, the Project Description section shall define the scope, location and
characteristics of the proposed project. Permitting requirements and the phasing schedule for the proposed Project shall
also be discussed in this section. Based on consultation with City Staff, any additional information related to project
design and implementation shall be incorporated into this section. Also discussed shall be funding source(s), cost
estimate, and Project Alternatives.
Description of Environmental Setting
This section shall characterize the existing environmental setting of the project site and surrounding areas. The
environmental setting shall provide a general description of existing conditions related to the issue areas to be addressed
within the environmental assessment. Particular emphasis shall be placed on areas adjacent to sensitive land uses.
EXHIBIT "A" SCOPE OF SERVICES
1-405 / Seal Beach Boulevard Interchange Page 6
• • City of Seal Beach
• Environmental Evaluation
RBF shall complete an environmental checklist for the proposed Project, using the standard evaluation format provided
by Caltrans. Following completion of the checklist, issue areas identified as potentially impacted by the proposed
Project shall include a more detailed explanation. This would include additional technical studies of traffic, air quality,
and noise impacts. Mitigation measures to reduce the significance of potential impacts will be recommended in direct
correspondence to the appropriate impact identified.
Determination
RBF shall coordinate with the City and Caltrans on completing a formal determination for the IS, which is anticipated
to be a Mitigated Negative Declaration.
Deliverables
Screencheck Environmental Document
2.7.2 Mitigated Negative Declaration
It is anticipated that the Initial Study will indicate that no long -term significant environmental impacts will occur
following implementation of mitigation measures for the proposed project. Following this determination by the City,
RBF shall prepare a Mitigated Negative Declaration (MND) for the proposed project. This task shall be completed in
accordance with the California Environmental Quality Act (CEQA). RBF shall prepare and distribute the Draft
Environmental Document and required public notices.
Should Federal funds become available for this project the MND would need to be completed in accordance with NEPA
requirements. Should Federal funding sources be identified after CEQA documents have been prepared, reformatting
the MND to NEPA requirements is outside of this Scope of Services.
Deliverables
Draft Environmental Document
2.7.3 Final Environmental Document
RBF shall incorporate public comments into the environmental document and submit for review and approval by the
City.
Deliverables
Final Environmental Document
2.7.4 Mitigation Monitoring Program
To comply with the Public Resources Code Section 21081.6 (Assembly Bill 3180), RBF shall prepare a Mitigation
Monitoring Program to be defined through working with City Staff. The Program shall serve to identify appropriate
monitoring steps/procedures and to provide a basis for monitoring such measures during and upon Project
implementation. Actual monitoring is not proposed as part of this work scope.
Deliverables
Mitigation Monitoring Program
2.7.5 Environmental Process Meetings /Agency Scoping
RBF shall attend meetings with City staff and local agencies on an as- needed basis throughout the project. This is
proposed to include a kick -off meeting, one public scoping meeting, one staff meeting, and one public hearing. For the
public scoping meeting and the public hearing, RBF shall develop project overview materials and handouts, as well as
EXHIBIT "A" SCOPE OF SERVICES
1-405 / Seal Beach Boulevard Interchange Page 7
• • City of Seal Beach
' a presentation -size exhibit of the concept plan. RBF shall take meeting minutes for the City, and will produce a follow -
up memo indicating any areas of concern or action items.
Deliverables
Environmental Process Meeting Attendance
2.8 Meeting Attendance
RBF shall lead PDT meetings and other meetings, as appropriate. The PDT will guide the project in accordance with
the Caltrans Project Development Procedures Manual. RBF shall arrange meetings, provide discussion materials and
agendas and develop and distribute meeting notes. RBF shall prepare an action item matrix, document all project
decisions and distribute correspondence copies to all Project Team members as appropriate. RBF shall also maintain
project files using the Caltrans Uniform File System.
Deliverables
Project Meeting Attendance
Meeting Minutes
Phone Logs
Other Project Documentation as appropriate
2.9 Progress Reports /Administration
Monthly progress reports shall be prepared to document progress on the project. The report will consist of the
following:
Work accomplished during the reporting period
Work anticipated during the next reporting period
Issues
Impacts
Progress Schedule
Deliverables
Project Management and Administrative Services
Monthly Progress Reports
2.10 Direct Costs / Reimbursable Expenses
Reproduction Services, Computer Services and Other Expenses. RBF shall provide reproduction services, computer
expenses and other related expenses for the project necessary to obtain PSR/PR approval. RBF will submit required
copies of the Draft / Final PSR/PR and Draft / Final Environmental Document.
Additional Services:
Services which are not specifically identified herein as services to be performed by RBF or its consultants are considered
"Additional Services" for purposes of this Agreement. Client may request that RBF perform services which are
Additional Services. However, RBF is not obligated to perform such Additional Services unless an amendment to this
Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Services.
EXHIBIT "A" SCOPE OF SERVICES
1-405 / Seal Beach Boulevard Interchange Page 8
. .
EXHIBIT B
Schedule of
Compensation
• •
SCHEDULE OF COMPENSATION
City agrees to compensate Consultant for services allowed in the Scope of Work billed
monthly on a percentage of a completion basis. The lump sum total of all this work,
including all direct and indirect cost shall not exceed $227,800 unless written approval
is obtained from the Director of Public Works.
Monthly on a percentage of completion basis, a fee of $227,800.
Phase 1 - Conceptual Design
1.1 Existing Data Research & Investigation $ 6,300
1.2 Aerial Topographic Mapping (1:500 metric) $ 24,700
1.3 Traffic Analysis $ 5,300
1.4 Conceptual Engineering Studies $ 19,500
1.5 Preliminary Environmental Evaluation $ 6,500
1.6 Alternative Financing Mechanisms $ 11,000
1.7 Technical Memorandum and Concept Presentation $ 8,100
1.8 Meeting Attendance (4 PDT and 4 Project Meetings) $ 8,400
1.9 Project Management/Progress Report $ 7,000
Subtotal - Phase 1 $ 96,800
Phase 2 - Project Study Report/Project Report
2.1 Initial Site Assessment $ 4,900
2.2 Preliminary I/C Geometry/Advance Planning Study $ 29,500
2.3 Preliminary Drainage Study $ 11,900
2.4 Draft Project Study Report/Project Report $ 9,800
2.5 Fact Sheet (Mandatory and Advisory) $ 7,300
2.6 Final PSR/PR $ 2,500
2.7 Environmental Document $ 39,900
2.8 Meeting Attendance (6 PDT and 6 Project Meetings) $ 12,000
2.9 Project Management/Progress Reports $ 13,200
Subtotal - Phase 2 $ 131,000
Direct Costs /Reimbursable Expenses
TOTAL $ 227,800
18
• •
ADDITIONAL SERVICES
The City may request the Consultant to perform services that are outside the scope of
services of this agreement. The Consultant will perform these services on an agreed
hourly not to exceed price using the hourly rates listed below and any direct costs
incurred by the consultants.
Effective January to December 1999
OFFICE PERSONNEL RATE
Principal $155
Project Manager $140
Project Director $135
Project Engineer $115
Design Engineer $90
CADD Designer $82
Technician $70
FIELD PERSONNEL RATE
3- Person Survey Crew $220
2- Person Survey Crew $180
1- Person Survey Crew $110
Field Supervisor $98
Should the Consultant desire to increase hourly rates for any additional services after
December 1999, both the City and the Consultant shall negotiate at that time an
acceptable increase or decrease in the rates.
19
• •
EXHIBIT C
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