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HomeMy WebLinkAboutContracts & Agreements_64-2006_CCv0001.pdf AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE MENTONE BOULEVARD(SR 38)SEWER PIPELINE PROJECT This agreement for design engineering services("Agreement")is made and entered into this 4`h day of April, 2006 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City„) and Boyle Engineering Corporation ("Consultant") who are sometimes individually referred to herein as a"Party"and together,as the"Parties." In consideration of the mutual promises contained. herein, City and Consultant agree as follows: ARTICLE 1 -ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to perform design engineering services in connection with City's Mentone Boulevard(SR 38) Sewer Pipeline Project(the"Services"). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The Services which Consultant shall perform are more particularly described in Exhibit"A," entitled "Specific Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in the performance of this Agreement including, but not limited to, the Americans with Disabilities Act, the Fair Employment and Housing Act and prevailing wage laws commencing at Labor Code section 1770 et seq. and non-discrimination laws including the American's with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft,classification,or type of worker associated with the performance of the Services are on file at the City of Redlands office of the Public Works Department, Civic Center, 35 Cajon Street, Suite 222 (P.O. Box 3005 mailing), Redlands, California 92373. 2.3 Consultant acknowledges that if it violates the Labor Code provisions relating to prevailing wage, that City may enforce those provisions by issuing a notice of the withholding of contract payments to Consultant pursuant to Labor Code section 1'771.6. i3JM"Torm Agreements`=consulting Services for Design-3-22-06 1 Ei r 2.4 If Consultant executes an agreement with a subcontractor to perform any of the Services, Consultant shall comply with Labor Code sections 1775 and 1777.7,and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Consultant acknowledges that the statutory provisions imposing penalties for the failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813. 2.5 Consultant and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records' maintenance, certifications,retention and inspection. 2.6 Consultant acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810. 2.7 If applicable, Consultant shall comply with the provisions of Labor Code section 1777.5 relating to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. ARTICLE 3 -RESPONSIBILITIES OF CfTY 3.1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services. 3.2 City will make reasonable provision for Consultant to enter upon City-owned property, as required by Consultant,to perform the Services. 3.3 City designates Lonny Young as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4-PERFORMANCE OF SERVICES 4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance with the schedule set forth in Exhibit"B," entitled"Performance Schedule," 4.2 At any time during the tern of this Agreement, City may request that Consultant perform Extra Services. As used herein, "Extra Services" means any work which is determined necessary by City for the proper completion ofthe project or work for which the Services are being performed,but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Provided the Extra Work does not exceed twenty percent(20%)of the compensation to be paid by City to Consultant for the Services, such Extra. Work may be agreed to by the Parties, by written amendment to this Agreement, DJM\Form AgreementsConsulting services for Resign-3-22-0 2 executed.by City's City Manager. Consultant shall not perform, nor be compensated for, Extra Work without such written authorization from City. ARTICLE 5 -:PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of One Hundred Twenty-.Pour Thousand Five Hundred Dollars ($124,500). City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit"C"entitled"Payment Schedule,"and based upon the hourly rates shown in Exhibit"D,"entitled"Rate Schedule." Both Exhibits"C"and"D"are attached hereto and incorporated herein by this reference. 5.2 Consultant shall submit monthly invoices to City describing the work performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed,the dates the Services were performed,the number of hours spent and by whom, and a description of reimbursable expenses,if any. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultants's invoice, provided. the Services reflected in the invoice were performed to the reasonable satisfaction of City in accordance with the terms of this Agreement,provided that the number of hours of Services set forth in the invoice reflect the amount of time ordinarily expended for such Services by members ofthe profession currently practicing in the same locality under similar conditions, and provided further that all expenses,rates and other information set forth in the invoice are consistent with the terms and conditions of the Agreement. 5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail should be addressed as follows: City Lonny L. Young Municipal Utilities Department City of Redlands 35 Cajon Street, Suite 15A PO Box 3005 (mailing) Redlands, CA 92373 Consultant Charlie McKinley Boyle Engineering Corporation 1501 Quail Street Newport Beach, CA 92658-9020 LIAR xForm A ments' onsulting Services for Design-3-22-06 3 When so addressed.,such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to who notices and payments are to be given by giving notice pursuant to this section 5.3. ARTICLE 6-INSURANCE AND INDEMNIFICATION 6.1 All insurance required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. All insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty(30)days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability. A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in accordance with the laws of the State of California,with an insurance carrier acceptable to City. B. Consultant expressly waives all rights to subrogation against City, its elected officials,officers and employees for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the Parties. This waiver shall not apply to any damage resulting from the sole negligence of City,its employees or agents. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City,its agents or employees,the obligations provided herein to indemnify,defend and hold harmless are valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.3 Hold Harmless and Indemnification. Consultant shall defend,indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability,including attorneys'fees,arising from injury or death to persons or damage to property occasioned by Consultant's and its officers', employees' and agents' sole negligent acts or omissions in performing the Services. 6.4 Assignment. Consultant is expressly prohibited from assigning any of the Services without the express prior written consent of City. In the event of agreement by the Parties to assign a portion of the Services, Consultant shall add the assignee as an additional insured and provide City with the insurance endorsements required by this Agreement prior to the performance of any Services by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided for in this Agreement. DJM\Form AgreementsConsulting Services for Design-3-22-06 4 6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the term of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000)per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.6 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000)per claim made. 6.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of One Million Dollars($1,000,000)per occurrence,combined single limit for bodily injury liability and property damage liability.This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non-owned vehicles,and employee non-ownership vehicles.Such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. City shall be named as an additional insured. ARTICLE 7-CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest,direct or indirect,in the geographical area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning ofthe Political Reform Act because Consultant: A. Does not make or participate in: (i) the making or any governmental decisions regarding approval of a rate,rule or regulation, or the adoption or enforcement of laws; (ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certifications, approvals, orders or similar authorizations or entitlements; DJM',Farm Agreements\Cbnsulting services for Design-3-22-06 5 (iii) authorizing City to enter into, modify or renew a contract; (iv) granting City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) granting City approval to a plan, design,report, study or similar item; (vi) Adopting,or granting City approval of,policies,standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests,Consultant shall file the subject Form 700 with the City Clerk's office pursuant to the written instructions provided by the Office of the City Clerk. ARTICLE 8 -GENERAL CONSIDERATIONS 8.1 Attorneys' Fees. In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall,in addition to any costs and other relief,be entitled to the recovery of its reasonable attorneys'fees,including fees for the use of in-house counsel of the Parties at rates prevailing in San Bernardino County, California. 8.2 Prohibition Against Assignment. Consultant shall not assign any ofthe Services,except with the prior written approval of City and in strict compliance with the terms,and conditions of this Agreement. 8.3 Documents and Records. All documents, records, drawings, designs, cost estimates, electronic data files,databases and other documents developed by Consultant in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk, 8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an independent contractor and should perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees,except as herein set forth. Consultant shall supply all tools and DJM\Fortn Agreements\Consulting Services for Design-3-22-06 6 instrumentalities required to perform the Services. All personnel employed by Consultant are for its account only,and in no event shall Consultant or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of,or on behalf of City. Consultant shall have no authority, express or implied,to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied,to bind City to any obligation. 8.5 Termination. A. Unless earlier terminated,as provided for below,this Agreement shall terminate upon completion and acceptance of the Services by City. B. This Agreement may be terminated by City, in its sole discretion,by providing five (5)business days prior written notice to Consultant(delivered by certified mail,return receipt requested)of City's intent to terminate. C. If this Agreement is terminated by City,an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services,and(2)any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. D. Upon receipt of a termination notice, Consultant shall immediately discontinue its provisions of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies(in both hard copy and electronic form, where applicable) of any data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.6 Books and Records. Consultant shall maintain any and all books,ledgers,invoices,accounts and all other records and documents evidencing costs and expenses related to the Services for a period of three(3)years,or for any longer period required by law,from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at all reasonable times for examination by City at the office of Consultant. 8.7 Entire Agreement/Amendment. This Agreement,including the Exhibits incorporated herein by reference,represents the entire agreement and understanding between the Parties as to the matters contained herein,and any prior negotiations,written proposals or verbal agreements relating to such matters are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. DJM\Form AgreementstConsulting Services for Design-3-22-06 7 8.9 Severability. If one or more of the sentences, clauses,paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction,the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences,clauses,paragraphs or sections contained herein,unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS BOYLE ENGINEERING CORPORATION By: ` 6y ; Jan Harrison, Mayor M k Miller, Managing Engineer Attest: t ; tLI City C,lrk DJM\`orm AgreementsiConsniting Services for Design-3-22-06 8 AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE MENTONE BOULEVARD (SR 38) SEWER PIPELINE PROJECT EXHIBIT A SPECIFIC SERVICES EXHIBIT "A" CONSULTANT SPECIFIC SERVICES Engineering Services for Mentone Boulevard Sewer Design The scope of this project is to provide engineering design services for the extension of sanitary sewer service in Mentone Boulevard (SR 38), from Wabash Avenue to Crafton Avenue. The design and construction of the lower reach of the Mentone sewer extension must be completed in a timely manner to accommodate a planned County development near Opal Avenue. The entire sewer project must also be closely coordinated with a CalTrans project to widen the curbs and gutters along Mentone Boulevard, with construction beginning in November 2006. The sewer design will be completed in two phases, with two separate sets of plan drawings and contract documents, as follows: Phase 1: Mentone Boulevard, from Wabash Avenue to Opal Avenue Phase 2: Mentone Boulevard, from Opal Avenue to Crafton Avenue The following scope of work tasks will be completed: Task 100 Kick-off, Meetings, Data Acquisition 110. Meetings. A kick off meeting will be attended for each Phase, and up to two progress meetings per Phase with City staff. Two additional meetings will be held with CalTrans staff. 120. Required data to complete the design, including existing utility information, will be gathered. Boyle will conduct field interviews of existing property owners to determine preferred locations for sewer laterals. Potholing is not included, and will be provided by the City if needed. Task 200 Survey Mapping 210. Aerial mapping and topographic survey of the entire Mentone Boulevard reach, from Wabash Avenue to Crafton Avenue, will be obtained. Topographic mapping will be provided to include the front of structures and finish floor elevations on both sides of the alignment. All mapping will be based on Cal Trans SR 38 coordinates and datum. Plans will be prepared in metric units. Task 300 Civil Engineering Services 310. Boyle will review the projected sewer flows within the area potentially tributary to the Mentone extension, and provide a basis of design technical memorandum for the City's review and concurrence. 330. It is anticipated that the sewer extension plans will include the following drawings: PHASE 1 1. Title Sheet 2. General Notes and Sheet Index 3. Phase 1 Plan and Profile — 2 sheets 4. Phase 1 Traffic Control Plans—2 sheets 5. Phase 1 Details (Inland Feeder Crossing, standard details) — 2 sheets PHASE 2 1. Title Sheet 2. General Notes and Sheet Index 3. Phase 2 Plan and Profile —4 sheets 4. Phase 2 Traffic Control Plans— 6 sheets 5. Phase 2 Details —2 sheets At each intersection, stub-outs will be designed to extend to the SR 38 right-of-way. Laterals will be designed for each existing and potential parcel to be served, extending to the SR 38 right-of-way. 340. Contract Documents. Specifications will be prepared for each Phase. 350. Opinion of Probable Cost. An engineer's cost estimate will be prepared for each Phase. Submittals: Three copies of the design plans will be submitted at the 50 %, 90 %, and Final level. The approved Final plans will be submitted on mylar, and in digital format. Specifications: Contract Documents will be submitted at the 90%, and Final submittal stages. The approved final specifications will be submitted in camera-ready format, and in digital format. Task 400 Permits and Agency Coordination 410. Boyle will prepare application packages for applicable permits to be obtained. CalTrans review will be coordinated. Permit and plan review fees will be paid directly by the City. Task 500 Project Management and Quality Control 510. Boyle will prepare monthly project status reports, and schedule and budget updates. Quality control will be conducted on all work products. Additional Provisions: Right To Rely Consistent with the professional standard of care and unless otherwise specifically provided herein, Boyle shall be entitled to rely upon the accuracy of data and information provided by the City or others without independent review or evaluation. Contractor Indemnification/Additional Insured. Client will require that any Contractor performing work in connection with the project for which Boyle is providing professional services, hold harmless, indemnify and defend Client, Boyle, their consultants, and each of their directors, officers, agents and employees from any and all liability, claims, losses, damage and costs, including attorneys' fees, arising out of or alleged to arise from the Contractor's performance of the work described in the construction contract documents, but not including liability that may be due to the sole negligence of Client, Boyle, their consultants, or their directors, officers, agents and employees. Client will require the Contractor to provide workers' compensation and commercial general liability insurance, including completed operations and contractual liability, with the latter coverage sufficient to insure the Contractor's indemnity, as above required; and such insurance shall include Client, Boyle, their consultants, and each of their directors, officers, agents and employees as additional insureds. Hazardous Materials In providing its services hereunder, neither Boyle nor its subconsultants shall be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the project. In the event that CLIENT becomes aware of the presence of asbestos or hazardous material at the jobsite, CLIENT shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify Boyle, who shall then be entitled to cease any of its services that may be affected by such presence, without any liability to Boyle or its subconsultants arising therefrom. Cost Estimate Boyle has no control over the cost of labor, materials, equipment or services furnished by others or over Contractor's methods of determining prices, or other competitive bidding or market conditions, practices or omissions on the site. Any cost estimates provided by the Consultant will be made on the basis of his experience and judgment. Estimates of probable construction costs may vary from actual construction costs. Re-Use of Documents Documents, drawings, specifications, and electronic information/data, including computer aided drafting and design ("CADD"), prepared by CONSULTANT pursuant to this agreement are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from CONSULTANT will be at CLIENT's sole risk and without liability to CONSULTANT. AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE MENTONS BOULEVARD (SR 38) SEWER PIPELINE PROJECT EXHIBIT B PERFORMANCE SCHEDULE EXHIBIT "B" CONSULTANT PERFORMANCE SCHEDULE Engineering Services for Mentone Sewer Design The estimated schedule for the engineering effort is as follows: Task Description Start Date Finish Date 100 Kick-Off, Meetings, and Data Acquisition 4105/06 4/21/06 200 Survey Mapping 4/05/06 4/28/06 300 Civil Engineering Services Phase 1 (including City and CalTrans review) 4/24/06 6/09/06 Phase 2 (including City and CalTrans review 5/15/06 7/28/06 400 Permits and Agency Coordination 4/05/06 7/28/06 500 1 Pro ect Mana ement and Quali Control Throughout CADocuments and Settings\whuang\My Documentsl2006 Sewer Ctl3lAttachment B Schedule(2).doc AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE MENTONE BOULEVARD (SR 38) SEWER PIPELINE PROJECT EXHIBIT C PAYMENT SCHEDULE EXHIBIT "C" PAYMENT SCHEDULE Engineering Services for Mentone Sewer Design The estimated engineering effort and estimated fee are shown below: Task Description Boyle Subconsultant Level of Effort Costs Person Hrs ($) 100 Kick-Off, Meetings, and Data Acquisition 48 ($7,000) 200 Survey Mapping 24 ($3,500) $16,000 300 Civil Engineering Services Phase 230 ($33,800) Phase 2 380 ($55,000) 400 -Permits and Agency Coordination 32 ($4,600) 500 -Project Management and Quality Control 32 ($4,600) Total Estimated Level of Effort 756($108,500) 1 $16,000 It is anticipated that an engineering fee not to exceed $124,500 will be required to accomplish the above-referenced engineering tasks including all labor, subconsultant, and other direct costs. Compensation will be on a time and materials basis consistent with the 2006 Fee and Rate Schedule (Attachment D). CADocurnents and Settings\whuang\My Documents12006 Sewer CIP\Attachment C Task Cost Report rev1 (2).doc AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE MENTONE BOULEVARD (SR 38) SEWER PIPELINE PROJECT EXHIBIT D RATESCHEDULE STANDARD HOURLY RATE SCHEDULE BOYLE ENGINEERING CORPORATION EFFECTIVE JANUARY 1,2006 T) REFC�tTiItI+G" ll� t II I E IPLANNERWA 1 CT J I N ' T PE T? II#HUI<7R C�} . 23 Assistant I $ 85.00 22 Assistant II $ 93.00 21 Associate $118.00 14 Senior $130.00 13 Senior II $155.00 12 Principal $196.00 — CompanyOfficer $206.00 + � SQBT S 36 Drafter/Assistant CADD rator/En i eering Intern $ 62.00 37 CADD Operator $ 77.00 38 Design CADD Operator $ 88.00 39 1 Design CADD Supervisor $118.00 34 1 Desi er/Technician $113.00 33 Senior Desip—Neni—Civil Desi er $123.00 32 Desi Supervisor $125.00 SUPPORT STAPF . 91-94 Clerk 1/II, Secretary UTI $ 62.00 81-82 Account Clerk UII 95-96 Senior Secretary UII $ 70.00 88-89 Administrative Specialist 83/84 Jr. or Staff Accountant 68/58 1 Special Consultant/Construction Observer Ne otiated — Director Construction Services $196.00 �' M Two- erson Surve CrewNe oriated htlICT MMCom uter Ex nses—accounts d software WU Hr.Photocopies-Color 8.5 x 1 I / 111 Transparency 50Photoco ies-BIack&White Fax Communication Charge-Telephone/Cellular $1.00 Per Direct Hr. Plan Sheet Printing-In House Bond/Vellum/Mylar $3.50/4.50/7.50 Per Sheet Travel-Automobile/Truck $0.75 Per Mile Travel-Other Than Automobile Actual Cost+ 15% Subconsultant Services Actual Cost+ I S% Subcontracted Services/Reproduction Actual Cost+ 15% If overtime is authorized by the client,an overtime premium multiplier of 1.5 will be applied to the billing rate of hourly personnel who work overtime in order to meet a deadline which cannot be met during normal hours, Applicable sales taxes, if any, will be added to these rates. Corporate officers and consulting engineers will be billed at 1.2 times the stated rate for Principal. Invoices will be rendered monthly. Payment is due upon presentation. A late payment charge of 1.5%per month(but not exceeding the maximum rate allowable by law)will be applied to any unpaid balance commencing 30 days after the date of the original invoice. •For Engineers,Architects,Scientists. Fee schedule is subject to change on January 1, 2007. Interim adjustments may he made for selected categories unless not allowed in the contract Personnel classifications may be added,if appropriate and agreed upon. OC-ON-SP-EI REV 010106 MOVLE